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Grad. R. R. 4 



II 



Gtad. R. R. 4 



n 



THE 

CONSTITUTIONS 

OF THE 

STATES AT WAR 

1914-1918 



EDITED BY ^ 

HERBERT FI'^RIGHT 



I i 



THE 

CONSTITUTIONS 

OF THE 

STATES AT WAR 

1914-1918 



EDITED BY , 

HERBERT F!'WRIGHT 



THE 

CONSTITUTIONS 

OF THE 

STATES AT WAR 

1914-1918 



EDITED BY 

HERBERT F. WRIGHT 



I 



1 



PREFACE. 

This collection of Constitutions comprises the Constitutions of 
only those States at war in 191^1918 which were independent or 
quasi-independent (that is, under "the sphere of influence" of 
strictly sovereign States) prior to 1 August 1914. And among these 
States have been included not only those which formally declared 
war, but also those whose territory has been the scene of military 
operations, albeit against their will. 

In each case the constitutional, document published is the most 
s^ recent available one, whether it was framed or amended prior to the 

^ war or thereafter, provided, of course, that the war was not directly 

f4 responsible for it. The documents for each State are preceded by a 

V brief historical mise en scene. Original texts of documents appear 

^ only when drawn up in English; where the original is in some 

^ language other than English, it has been printed here in translation. 

Some of these translations have been based upon previously pub- 
lished translations ; some are presented in English here for the first 
^ time. And, although due credit is given in the footnotes to the source 

from which the translation is derived, the editor has not hesitated 
J to compare translations with the original texts and to freely revise 

li them whenever" necessary in the interest of greater clearness and 

uniformity of expression. Nor has he hesitated to modify or add 
footnotes, where such procedure seemed necessary or expedient for a 
, proper understanding of the text. For all such revision he assumes 
^' full and sole responsibility. However, he must plead the lack of time 
and the unavailability of material as excuses for any unevenness in 
the matter of footnotes. 

An effort has been made to supply at least one reference in the 
footnotes to a French text or translation of each document, but where 
other sources have been immediately available in fairly accessible 
works, these likewise have been indicated. For this purpose, use has 
been made of collections of Constitutions rather than of individual 
prints or annotated texts, and the following works are the ones which 
have been most frequently used : 

Annuaire de l^giMaUon ^trang^re, vols. 1-44. 

British and Foreign State Papers ^ vols. 1-108. 

Dareste, F. R., et p. Dareste, Les Constitutions modemes (3d 
i editioh, Paris, 1910), 2 vols. 

j DoDD, W. F., Modem Constitutions (Chicago, 1909), 2 vols. 

{ Posener, Paul, Die Staatsvcrfassungen des Erdbolls (Charlotten- 



f\ 



■i 



I 



1 



c 



burg, 1909). 
Rodriguez, J. I., American Constitutions (VTashlngton, 1906), 

2 vols. 

ni 






IV PREFACE. 

As bibliographies of texts and commentaries appear in Dareste's 
and Dodd's collections, it has not been deemed necessary to print such 
lists here. For the various treaties referred to in the prefatory his- 
torical notes the reader is referred to T6tot, Ribier and similar treaty 
catalogues. 

Finally, the editor wishes to express his great indebtedness and 
grateful appreciation to his friend and formfer colleague, Prof. 
Francis J; Hemelt, of the Catholic University of America, for the 
valuable cumulative and analytical index; to Miss Alice M. Ball 
and Miss Ruth E. Stanton, for their invaluable assistance in matters 
of accuracy and nicety of translation as well as for theii* generous 
aid in expediting the work through the prcfss; and to the Govern- 
ment Printing Office, for its prompt and whole-hearted cooperation 
from beginning to end* 

HeKBERT F; WtllGHt. 

Washington, 98 March 1919. 



CONTENTS. 



Page. 

Albania: Historical note 1 

Austria-Hungary : 

1. The Dual Monarchy: Historical note 3 

Various fundamental laws 4 

2. Austria: Historical note 11 

Various fundamental laws 11 

3. Hungary: Historical note 25 

Various fundamental laws 26 

Belgium: Historical note 43 

Constitution of 7 February 1831, with amendments of 7 September 1893. 44 

Brazil: Historical note 61 

Constitution of 24 February 1891 61 

Bulgaria: Historical note 87 

Constitution of 16/28 April 1879, with amendments of 15/27 May 1893 

and 11/24 July 1911 88 

Cbina: Historical note 105 

Provisional Constitution of 11 March 1912 106 

Costa Blca: Historical note 111 

Constitution of 8 June 1917 111 

Cuba: Historical note 151 

Constitution of 21 February 1901 152 

Appendix of 12 June 1901 173 

Egypt: Historical note 175 

Organic Law of 21 July 1913 175 

France: Historical note 191 

Various fundamental laws 193 

Germany: Historical note 217 

Constitution of 16 April 1871 , 218 

Oreat Britain and Ireland: Historical note 239 

Various fundamental laws 240 

Greece: Historical note 261 

Constitution of 1/14 June 1911 262 

Guatemala: Historical note 279 

Constitution of 11 December 1879 279 

Haiti: Historical note 295 

Constitution of 12 June 1918 295 

Honduras: Historical note 315 

Constitution of 14 October 1894 315 

Italy: Historical note 337 

Fundamental Statute of 4 March 1848 337 

, Law of Guarantees of 13 May 1871 347 

Japan: Historical note 351 

Constitution of 11 February 1889 351 

Xiberia: Historical note 359 

Constitution of 26 July 1847, as amended 7 May 1907 359 

V 



VI CONTEXTS. 

Page. 

Liechtenstein: Historical note 375 

Constitution of 26 September 1S62 375 

Luxemburg:: Historical note 391 

Constitution of 17 October 1868 392 

Montenegro: Historical note 407 

Constitution of 6/19 December 1905 407 

T.aw of 28 Autnist 1910 proclaiming Prince Nicholas Kinir 429 

Nicaragua: Historical note 431 

Constitution of 10 November 1911 431 

Panama: Historical note 457 

Constitution of 13 February 1904 457 

Legislative Act of 14 March 1917 amending the Constitution 477 

Persia: Historical note 481 

Constitution of 30 December 1906 482 

Supplementary Constitutional Law of 7 October 1907 489 

Portugal: Historical note 499 

Constitution of 21 August 1911 499 

Boumania: Historical note 517 

Constitution of 30 June/12 July 1866, as amended 13/25 October 1879 

and 8/20 June 1884 517 

Russia: Historical note .>37 

Fundamental Laws of 23 April/6 May 1906 537 

San Marino: Historical note 549 

Law of 29 August 1907 549 

Serbia: Historical note 553 

Constitution of 5/18 June 1903 554 

Slam: Historical note 587 

Turkey: Historical note 589 

Constitution of .22 December 1876, as amended in 1909 590 

United States of America: Historical note 607 

Constitution of 17 September 1787 608 

Amendments to the Constitution of 17 September 1787 618 

Index 625 



THE CONSTITUTIONS 

OF 

THE STATES AT WAR 

1914-1918 



vn 



L 



ALBANIA. 

The independence of Albania, a former province of Turkey, was 
proclaimed at Avlona on 28 November 1912,^ and a provisional gov- 
ernment was then formed under the leadership of Ismail Kemal Bey. 
On 20 December 1912, the London Conference of Ambassadors 
agreed that there should be an autonomous Albania^ and later ap- 
proximately defined the frontiers of the new country. This Confer- 
ence also appointed Prince William of Wied sovereign {M^prei)^ 
to be supported and advised by an International Commission of Con- 
trol of six members. Prince William, having accepted the crown of 
the new country from an Albanian deputation which offered it to 
him at Xeuwied 21 Februarv 1914, arrived at Durazzo on 7 March 
1914, but after the outbreak of the European War fled from the coun- 
try with most of the members of the Commission. An attempt made 
by Essad Pasha to set up a military form of government failed (6 
October 1914) and Albania fell into a state of anarchy. On 25 
December 1914, the Italians captured Avlona. No written Constitu- 
tion has vet been drafted.^ 

^Annual Register, 1912, p. 356. 

* Official statement Issued by the British Foreign Office and published in the London 
Times, 21 December 1912. 

'These paragraphs are based upon The Statesman's Year-hook (1918) and W. M. 
Petrovitch, Albania, in The Encyclopedia Americana, vol. i (New York, 1918), pp. 324- 
526. 



AUSTRIA-HUNGARY. 

Austria-Hungary, which presents a peculiar condition of political 
organization, may perhaps be more conveniently treated under three 
headings: 1. The Dual Monarchy, 2. Austria, and 3. Hungary. 

1. THE DUAL MONARCHY. 

The unity of the Austro^Hungarian Monarchy had its origin in 
the Pragmatic Sanction of 19 April 1713, whose principal object 
was to outline the rules for succession to the throne of the Haps- 
burgs, but the measure of Hungary's independence from Austrian 
control was a source of continual disturbance, and it was only in 
1867 that the establishment of the Dual Monarchy was made pos- 
sible by Austria's defeat at the hands of Prussia and its exclusion 
from Germany and Italy. This event brought about a more con- 
ciliatory policy toward Hungary's insistent demands for entire in- 
dependence in the management of its internal affairs, and on 17 
February 1867 the laws of 1848, which recognized Hungary as an 
independent monarchy joined with Austria only by the bonds of a 
common ruler, were restored in force by imperial order. To the 
Hungarian Diet was left the final adoption of measures of com- 
promise with Austria. This question was covered by the Hungarian 
Law 12 of 1867 and the Austrian Law of 21 December 1867, both of 
which also made provision for ten-year treaties relating principally 
to a uniform customs tariff for the two countries, the monetary sys-' 
tem and Hungary's quota of expenses of the joint Austro-Hungarian 
government. 

In 1878 when Bosnia and Herzegovina were taken from Turkey 
and placed under the control of Austria-Hungary in accordance with 
Article 25 of the Treaty of Berlin,^ identical laws were adopted in the 
two parts 6t the Empire for the administration of these territories, 
which were finally annexed by the Imperial Proclamation- of 7 Oc- 
tober 1908.2 



» French text In the British and Foreign State Papers, 69 : pp. 749-767 ; English 
translation in Edward Hebtslet^ Map of Europe hy Treaty, vol. iv (London, 1891), pp, 
2759-2799. 

'These introductory paragraphs are based upon W. F. Dodd, Modern Constitutions 
(Chicago, 1909), vol. i, pp. 113-114, and F. R. Dareste et P. Dareste, Les Constitutions 
modernes (3d edition, Paris, 1910), vol. i, pp. 391-394. 

3 



CONSTITUTIONS OF THE STATES AT WAB. 

AUSTBIAV LAW 07 21 DECEKBER 1867 J 



LiAW CJONCERNIKG THE AtTAIBS COMMON TO AUL OF THE CoUNlXIES 

OF THE ArSTBIAX MOXABCHT, AND THE MaNNEB OF MaNAGIXG 

ThEJC, SuFPUCMENTABY TO THE CoNHTllt 'llONAIi LiAW OK 

THE RePBESENTATION OF THE ElfPIBE.' 

Abtxctjc 1. The following affairs are declared common to Austria 
tind Hmigary: 

a. Foreign affairs, including diplomatic and conunercial repre- 
sentation abroad^ as well as measures relating to intemational trea- 
ties, reeerring the right of the representative bodies of both parts 
of the Empire (Reichsrat and Hungarian Diet) to approve such 
treaties, in so far as such approval is required by the Constitution.* 

b. Military- and naval affairs; excluding the voting of contingents 
and legislation concerning the manner of performing military serv- 
ice, the provisions relative to the local disposition and maintenance 
of the army, the civil relations of persons belonging to the army, and 
their rights and duties in matters not [>ertaining to the military 
•senice. 

€. The finances, with reference to matters of common expense, 
especially the establishment of the budget and the examination of 
accounts. 

Abt. 2. Besides these, the following affairs* shall not indeed be 
administered in common, but shall be regulated upon uniform prin- 
ciples to be agreed upon from time to time : 

1. Commercial affairs, especially customs legislation.' 

2. L<?gidation concerning indirect taxes which stand in close 
relation to industrial production. 

3. The establishment of a monetary system and monetary stand- 
ards. 

4. Regulations concerning railway lines which affect the interests 
of both parts of the empire. 

5. The establishment of a svstem of defense. 

Airr. 3. The expenses of affairs common to both Austria and Hun- 
gary shall be borne b}' the two parts of the Empire in a proportion 
to be fixed from time to time by an agreement between the two legis- 

^ TraoRlation baaed upon Dodo, op. elt., pp. 114-122. German text in Paul Posexeb, 
Die HtaaUv^fasHungen des ErdhalU (Charlottenbuig, 1909), pp. 736-741. French trans- 
lation in Dabkhte, op. cit., pp. 394-^03. 

2 The Hun^rlan Law 12 of 12 June 1867 contains provisionB applicable to Hungary 
v.'Mlch are practically identical with those of this law. On this account It is not thought 
nt'ceKKary to give the text of the Hungarian law, although there are some contradictory 
<lispoHitionR In the two laws. A German translation of the Hungarian Law appears in 
PosEXEH, Op. cit., pp. 741-752, and French translation ' in Dareste, op. cit., pp. 403-423. 

' The attributions of the Minister of Foreign Affairs are fixed by the imperial decision 
of 12 April and 27 May 1852. 

* Articles 52 et seq. of the Hungarian Law do not carry this obligation. 

^ See DABK8TE, op. cit., p. 895, note 8. 



AUSTRIA-HUWGARY : THE DUAL MOKABCHY. 5* 

lative bodies (Reichsrat and Diet)^ approved by the Emperor. If 
an agreement can not be reached between the two representative 
bodies, the proportion shall be fixed by the Emperor, but for the 
term of one year only<^ The method of defraying its quota of the^ 
common expense shall belong exclusively to each of the parts of the 
Empire;' 

Nevertheless, joiht loans may be made for affairs of common in- 
terest; in such a case all that relates to the negotiation of the loan, 
as well as the method of employing and repaying it, ^all be de- 
termined in common/ 

The decision as to whether a joint loan shall be made is reserved 
for legislation by each of the two parts of the Empire. 

Art. 4. The contribution towards the expense of the present public- 
debt shall be determined by an agreement between the two parts of 
the Empire.* 

Art. 5. The administration of common affairs shall be conducted! 
by a joint responsible ministi'y, which is forbidden to direct at the 
same time the administration of the Joint affairs and those of either 
part of the Empire. 

The regulation of th€ management, conduct, and internal organi- 
zation of the joint army shall belong exclusively to the Emperor. 

Art. 6. The legislative power * belcmging to the legislative bodies- 
of each of the two parts of the Empire (Reichsrat and Hungarian 
Diet) shall be exercised by them, in so far as it relates to joint af- 
fairs, by means of delegations. 

Art. T. The delegation from the Keichsrat shall consist of 60 
members, of whom one third shall be taken from the House of 
Lords and two thirds from the House of Representatives.® 

Art. 8. t'he House of Lords shall choose its 20 members of the 
delegation frorti among its own members by a majority vote. 

^ This phrase Is omitted in the Hungarian Law (Article 21). 

' By Section .96 of this Intfr agreement r^pifdlng the dtstributlon of the expense of affairs- 
administered in common is reached by means of deputations from the Austrian Reichsrnt 
and the Hungarian Diet. Each deputation is composed of 15 members. By a law of 24 
December 1867 the ratio was fixed for 10 years as 70 per cent for Austria and 30 per- 
cent for Hungary. New ten-year agreements were made by Laws of 27 June 1878 and" 
21 May 1887. No new agreement has been made sihce 1807. and the Quota of the two 
parts of the monarchy hnft been annually fixed Wy the Emperor as 66 H per cent for 
Austria and 38 <\ pei cent foi; Hungary. A new agreement, signed on 8 October 1907». 
and approved by the Hungarian Diet and Austrian Roichsrnt, fixes Hungary's quota 
of common expenses as 36.4 per cent. 

' No loan of this kind has yet been contracted. 

* By a law of 24 December 1867 Hungary made a permanent agreement to pay 
29,188,000 florins annually toward the Interest of the public debt ; this was In 1867 
nearly 24 per cent of the total Joint debt and SO per cent of the interest after the de- 
duction of 25,000,000 florins of the debt, for which Hungary refused to assume any 
respon^ibility. 

"This power is expressly refused to the delegations by the Hungarian Law (Article 37). 

* By Hungarian Law 30 of 1868 5 members of the Hungarian delegation mu'^t be 
chosen from among the Croatian members of the Hungarian Diet, 4 from the House of 
Representatives, and 1 from the Table of Magnates. The Hungarian delegation is also* 
composed of 60 members. 



6 CONSTITUTIONS OF THE STATES AT WAB. 

The 40 members to be chosen by the House of Kepresentatives 
shall be so elected that the deputies from each provincial diet may 
elect, in comformity with the following apportionment, a certain 
number of delegates, who may be chosen from among themselves or 
from the House at large. 

By majority vote the deputies from the Kingdom of Bohemia 
shall elect 10; the Kingdom of Dalmatia, 1 ; the Kingdom of Galicia 
a,nd Lodomeria, with the Grand Duchy of Cracow, 7; the Archduchy 
of Lower Austria, 3 ; the Archduchy of Upper Austria, 2 ; the Duchy 
of Salzburg, 1 ; the Duchy of Styria, 2 ; the Duchy of Carinthia, 1 ; 
the Duchy of Carniola, 1 ; the Duchy of Bukowina, 1 ; the Margra- 
vate of Moravia, 4 ; the Duchy of Upper and Lower Silesia, 1 ; the 
Princely County of Tyrol, 2; the Territory of Vorarlberg, 1; the 
Margravate of Istria, 1 ; the Princely County of Gorz and Gradiska, 
1 ; the city of Triest with its territory, 1. 

Art. 9. In the same way each house of the Beichsrat shall elect 
substitutes of delegates, of whom 10 shall be chosen by the House of 
Lords and 20 by the House of Representatives. 

The number of substitutes to be chosen by the House of Represent- 
atives shall be so apportioned that there shall be one substitute for 
every one to three delegates, and two substitutes for every four or 
more delegates. The election of each substitute shall take place 
separately. • 

Art. 10. Delegates and their substitutes shall be elected annually 
by the two houses of the Reichsrat. 

The delegates and substitutes shall retain their functions until 
the new election. • 

Members of the delegation are eligible for reelection. 

Art. 11. The delegations shall be convened annually by the Em- 
peror, who shall determine the place of their meeting. 

Art. 12. The delegation from the Reichsrat shall elect a president 
and vice president from among its own members, and choose also its 
secretary and other officers. 

Art. 13. The powers of the delegations shall extend to all matters 
concerning common affairs. 

All other matters shall be beyond their power. 

Art. 14. The projects of the government shall be submitted by the 
joint miniHtry to each of the delegations separately. 

Kaoli delegation shall also have the right to submit projects con- 
'cornitig affairs which are within its competence. 

Ant. 15. For the passage of a law concerning matters within the 
power of the delegations the agreement of both delegations shall 
1h' ncM'cvHsiiry, or in default of such agreement, a vote of the full as- 
Hembly of the two delegations sitting together ; in either case the ap- 
proval of the Emperor shall be necessary. 



AUSTRIA-HUNGARY: THE DUAL MONARCHY. 7 

Art. 16. The right to hold the joint ministry to its responsibility 
«hall be exercised by the delegations. 

In case of the violation of a constitutional law in force regarding 
common affairs, either of the delegations may present charges to the 
other against the joint ministry or against any one of its members. 

The impeachment shall be legally effective when resolved upon 
separately by each of the delegations, or in a joint meeting of the two. 

Art. 17. Each delegation shall propose, from among the independ- 
ent and legally trained citizens of the country which it represents, 
but not from among its own members, 24 judges, of whom 12 may be 
rejected by the other delegation. The accused, or all of them when 
there are several, shall have the right to reject 12 of those named by 
the two delegations, but only in such a manner that an equal number 
of judges be rejected from the lists proposed by each delegation. 

The remaining judges shall form a court for the trial of the 
impeachment. 

Art. 18. A special law on the responsibility of the joint ministry 
shall regulate the details concerning the impeachment, the pro- 
<;edure of trial, and the judgment.^ 

Art. 19. Each delegation shall act, deliberate and vote in separate 
session. Article 31 indicates an exception to this rule. 

Art. 20. The decisions of the delegation of the Beichsrat shall 
require for their validity the presence of not less than 30 members 
besides the president, and every decision shall require the vote of a 
majority of those present. 

Art. 21. The delegates and substitutes from the Beichsrat shall 
receive no instructions from their electors. 

Art. 22. The delegates from the Beichsrat shall personally exer- 
<;ise their right to vote ; Article 25 determines when a substitute shall 
take the place of a delegate. 

Art. 23. The delegates from the Beichsrat^ shall enjoy in that 
capacity the same immunity which they have as members of the 
Beichsrat by virtue of Article 16 of the fundamental law concerning 
the representation of the Empire. 

If the Beichsrat is not in session, the above-mentioned rights shall 
be enforced by the delegation itself with respect to its members. 

Art. 24. One who ceases to be a member of the Beichsrat shall 
cease at the same time to be a member of the delegation. 

Art. 25. If a vacancy occurs in the delegation or among the sub- 
stitutes a new election shall be held. 

If the Beichsrat is not in session the substitute shall take the place 
of the retiring delegate. 

' This law has not been passed. 

2 The omission of all mention of the Hungarian delegation in this article should he 
attributed to an error in editing; see Article 87 of the Hungarian Law. 



8 CONSTITUTIONS OF THE STATES AT WAR. 

Akt. 2ft, When the Hawse of RepresCTitartives is dissoived the 
powers of the delegation of the Seichsrat shall come to an end. The 
fie'wly assembled Eeich^at shall elect a liew delegation. 

Abt. 27. The session of the drfegntion shall be closed, after the 
completion of its work, hy the president with the c€)nsent of the 
Empeiror or by his order. 

Art. 28. The members of the joint ministry shall have the right 
to take paT?t m all the deliberations of the delegatix>n, and to pre- 
sent their projectfe personally or through a depuly- 

They shall be heard ivhenever th^ desire. 

The delegation shall have thfe right to address questions to the 
joint ministry ofr to any one of its metoiberS) to require answers and 
'extplanaltHons and to a^npoint committees to whi^n the ministers 
shall furnish all neoes^ry information. 

'Airr. '29. The sessions of the delegation shall as a rule be public. 

Exceptionally the public may be excluded if it is so decided by 
the assembly in s^ret session, upon the request of the president or 
of not less than five members. 

Every decision, however, shall be made in public session. 

Art. 30. Each delegation shall communicate to the other its de- 
cisions and, if the case requii^es it, the reasons therefor. 

This comintfnication sha^H take place in writing, in Gterman on the 
part of the delegation of the Reichsrat, in the Hungarian language 
on the part of the delegation of the Diet ; in each case there shall be 
annexed a certified translation into the language of the other dele- 
gation. 

Art. 31. Each delegation shall have the right to propose that a 
questidn be decided by a vote in joint session, and this proposal can 
hot be declined by the other delegation after the exchange of three 
written communications without result. 

The two presidents shall agree upon the time and place of the 
joint meeting of the two delegations for the purpose of voting to- 
gether. 

Art. 32. In the joint sessions the presidents of the delegations 
shall preside alternately. It shall be determined by lot which of the 
two presidents shall preside in the first place. 

In pJl subsequent sessions the presidency at the first joint meeting 
shall belong to the president of the delegation which has not had the 
presidency at the meeting immediately preceding. 

Art. 33. In order to transact business in joint session the presence 
of not less than two thirds of the members of each delegation shall 
be necessary. 

Decisions shall be reached by a majority vote. 



AUSTRIA-HUNGABY : THE DUAL MONARCHY. 9 

If one delegation has more members present than the other, so 
many members shall abstain from voting as shall be necessary to 
establish an equality of the number of voters from each delegation. 

It shall be determined by lot which members shall abstain from 
voting. 

Art. 34. The joint sessions of the two delegations shall be public. 

The minutes shall be kept in the two languages by the secretaries 
of the two delegations and attested by both. 

Art. 35. Further details regarding the procedure of the delegation 
of the Reichsrat shall be regulated by an order of business to be 
adopted by the delegation itself.^ 

Art. 36. Agreement concerning matters which, though not man- 
aged in common, yet are to be regulated upon the same principles, 
shall be reached in one of the following ways: (1) The responsible 
ministries by an agreement between themselves shall prepare a proj- 
ect of law which shall be submitted to the representative bodies of 
the two parts of the Empire and the project agreed upon by the 
two representative bodies shall be submitted for the approval of 
the Emperor. (2) Each representative body shall elect from its 
members a deputation composed of an equal number of members, 
which shall prepare a project upon the initiative of the respectivie 
ministries; such project shall be submitted to each of the legislative 
bodies by the ministries, shall be regularly considered, and the 
identical law of the two assemblies shall be submitted for the ap- 
proval of the Emperor. The second procedure shall be followed 
especially in reaching an agreement concerning the distribution of 
the cost of affairs administered in common.* 

ATTSTBIAN LAW OF 22 FEBRTTAEY 1880.» 

Law Concerning the Administration of Bosnia and Herzegovina, 
Entrusted to Austria-Hungary by the Treaty of 

Berlin of 13 July 1878.* 

Article 1. In conformity with existing laws concerning the com- 
mon affairs of the Monarchy, the ministry is authorized and directed, 
under its constitutional responsibility, to take charge of the pro- 
visional administration of Bosnia and Herzegovina, which shall be 
directed by the joint ministry. 

^ Internal regulation for the delegation of the Reichsrat of 21 January 1868. See 
F. MOBEAU ET J. DelpecHj L€8 RiglemetitB des AsaemhUes Ugislativea, vol. i (Paris. 
1906), p. 381. 

* Article 37 of this law is omitted ; it related to the time when the law became effective. 
> Translation based upon Dodd^ op. cit., pp. 122-123. French translation in Dabeste, 

op. at,, pp. 423-425. 

* Hungarian Law 6 of 1880 is identical. 

88381—19 2 



10 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 2. The determination of the general spirit and principles of 
this provisional administration and the construction of railways 
shall, in particular, be regulated by agreement between the govern- 
ments of the two parts of the Austro-Hungarian Monarchy. 

Art. 3. The administration of these lands shall be so regulated that 
its expenses may be met from its own revenue. 

If and in so far as this result can not be immediatelj' attained^ 
projects for raising revenue to cover ordinary expenses shall be 
decided upon by agreement between the governments of the two 
parts of the Monarchy, in the manner provided by existing laws 
for the regulation of common affairs. 

Nevertheless, in so far as the administration of Bosnia and Herze- 
govina may require expenditures for permanent establishments, which 
do not belong within the scope of the current administration, such as 
railways, public buildings and similar extraordinary expenses, which 
should be assumed by the Monarchy, subsidies therefor shall only be 
granted by virtue of identical laws passed by the two parts of the 
Monarchy. 

Art. 4. In the same manner the principles shall be established 
according to which the following affairs shall be regulated and 
administered in Bosnia and Herzegovina : 

1. The customs system. 

2. The indirect taxes which are regulated upon similar prin- 
ciples in the two parts of the Monarchy. 

3. The monetary system. 

Art. 5. Any alteration of the relations existing between these lands 
and the Monarchy shall require an identical authorization from the 
legislatures of the two parts of the Monarchy. 



2. AUSTRIA. 

The first attempt at a common representation of all the Austrian 
countries dates from 1848, when revolutions broke out in almost aU 
parts of the Austrian dominions, but it was not until the Imperial 
Diploma of 20 October 1860 was issued that the way was finally 
paved for the establishing of lasting reforms. This Diploma was 
practically superseded by the Patent of 26 February 1861,^ which 
governed the representation of the Empire in the Reichsrat and 
gave to each Austrian province a special constitution and an elec- 
toral law. This Constitution of 1861 proved a signal failure, and 
the Emperor fiinally determined to recognize the principle of dual- 
ism and to reach an agreement with Hungary upon that basis. On 
20 September 1865, he suspended the Patent of 1861, and negotia- 
tions were immediately begun with Hungary which ended in the 
Compromis of 1867. The changed relations with Hungary made 
necessary changes in the Austrian Constitution; the fundamental 
laws of 1867 recast the Austrian government upon more liberal prin- 
ciples than had hitherto existed. Since that date important changes 
have been introduced with regard to the suffrage qualification, and at 
the present time it seems that the problem of the diverse races con- 
tained in the Empire is about to receive its natural solution.^ 



FITNSAHENTAL LAWS 07 21 DECEMBES 1867.' 

Law Concerning the General Eights or Citizens. 

ARTiciiE 1. For all natives of the various kingdoms and countries 
represented in the Reichsrat there exists a common right of Austrian 

^ English translation in British and Foreign State Papers, 52 : pp. 121&-1221. 

*Thi8 introductory paragraph is based upon W. F. Dodd, Modem Canatitutiona (Chi- 
cago, 1909), Tol. I, pp. 69-70, and F. R. Dareste srr P. Dabeste, Lea Conatitutiona mo- 
demea (3d edition, Paris, 1910), vol. i, pp. 428-430. 

' Translation based upon Dodd, op. oit,, pp. 71-89. German text of the second and last 
laws in Paul Posbnbb, Die 8taataverfaaaungen dea Erdballa (Charlottenburg, 1909), 
pp. 758-760. French translation in D^bkstb, op. cit., pp. 481-451. 

11 



12 CONSTITUTIONS OF THE STATES AT WAR. 

citizenship. The law shall determine under what conditions Austrian 
citizenship is gained, exercised and lost. 

Art. 2. All citizens are equal before the law. 

Art. 3. Public offices shall be equally open to all citizens. The ad- 
mission of foreigners to public office is dependent upon their acquisi- 
tion of Austrian citizenship. 

Art. 4. The freedom of passage of persons and property, within 
the territory of the State, shall be subject to no restrictions. 

All citizens who live within a commune and pay therein a tax on 
real property, business, or income shall have the right to vote for 
members of the communal assembly {Gemeindevertretung) and shall 
be eligible to that body under the same conditions as natives of the 
commune. 

Freedom of emigration is limited by the State only by the obligation 
to serve in the army. 

Taxes on emigration shall be levied only as a measure of retaliation. 

Art. 5. Property is inviolable. Forced expropriation shall take 
place only in the cases and according to the forms determined by law. 

Art. 6. Every citizen may dwell temporarily or establish his resi- 
dence in any part of the territory of the State, acquire real property 
of any kind and freely dispose of the same, and may also engage in any 
form of business, under legal conditions. 

In the matter of mortmain the law may, for reasons of public 
policy, restrict the right of acquiring and of disposing of real 
property. 

Art. 7. Every relation of vassalage or dependence is forever abol- 
ished. Every burden or charge resting upon the title to real property 
is redeemable, and in future no land shall be burdened with ah irre- 
deemable charge. 

Art. 8. Liberty of person is guaranteed. The Law of 27 October 
1862 {Reichagesetzblatt^ No. 87) on the protection of individual 
liberty is hereby declared an integral part of the present fundamental 
law.* Every arrest ordered or prolonged in violation of law imposes 
an obligation upon the State to indemnify the injured party. 

Art. 9. The domicile is inviolable. The Law of 27 October 1862 
{Rdchsgesetzblatt^ No. 88) for the protection of the domicile is 
hereby declared an integral part of this fundamental law.^ 

Art. 10. The secrecy of letters shall not be violated ; the seizure of 
letters, except in case of a legal arrest or search, shall take place only 
in time of war or by virtue of a judicial order issued in conformity 
with the law.* 

^ TMb law contains the proylslons regarding arrest. ]iearlng and ball. 

* This law regulates tbe Issuance and execution of orders for the search of houses. 

•Law of 6 AnrU l<tTO 



AUSTRIA-HUNGARY: AUSTRIA. 13 

Art. 11. The right of petition is free to everyone. Petitions under 
a collective name should emanate only from legally recognized cor- 
porations or associations. 

Art. 12. Austrian citizens shall have the right to assemble together 
and to form associations. The exercise of these rights is regulated 
by special laws.^ 

Art. 13. Everyone shall have the right, within legal limits, freely 
to express his thoughts orally, in writing, through the press, or by 
pictorial representation.' ' 

The press shall not be placed under censorship nor restrained by 
the system of licenses. Administrative prohibitions of the use of the 
mail are not applicable to matter printed within the country. 

Art. 14. Full freedom of religion and of conscience is guaranteed 
to all. The enjoyment of civil and political rights is independent 
of religious belief; however, religious belief shall in no way inter- 
fere with the performance of civil duties. 

No one shall be forced to perform any religious rite or to partici- 
pate in any religious ceremony, except in so far as he is subject to 
another who has legal authority in this matter.* 

Art. 15. Every legally recognized church and religious society has 
the right publicly to exercise its religious worship ; it regulatps and 
administers its internal affairs independently, remains in possession 
and enjoyment of its establishments, institutions and property held 
for religious, educational and charitable purposes; but is subject, as 
other societies, to the general laws of the State.* 

Art. 16. Adherents of a religijous confession not legally recognized 
are permitted to worship privately, in so far as their religious serv- 
ices are not illegal or contrary to public morals.* 

Art. 17. Science and its teaching shall be free. Every citizen 
whose capacity 4ias been established in conformity with law shall 
have the right to establish institutions of instruction and education 
and to give instruction therein. Private instruction shall be subject 
to no such restriction. Beligious instruction in the schools shall be 
left to the church or religious society to which the school is attached." 
The State shall have the right of superior direction and superintend- 
ence over the entire system of education and instruction.* 

Art. 18. Everyone shall be free to choose his occupation and to 
prepare himself for it in such place and in such manner as he may 
wish. 

^Two laws of 16 November 1867. 

* Law of 17 December 1862. 
> Law of 25 May 1868. 

« Law of 7 May 1874. 

» Laws of 25 May 1868 and 20 June 1872. 

* Law of 14 May 1860, amended and completed by Law of 2 May 1883. 



14 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 19. All the races of the State shall have equal rights, and each 
race shall have the inviolable right of maintaining and cultivating 
its nationality and language. 

The State recognizes the equality of the various languages in the 
schools, public offices, and in public life. 

In the countries populated by several races, the institutions of 
public instruction shall be so organized that each race may receive 
the necessary instruction in its own language, without being obliged 
to learn a second language.^ 

Art. 20. A special law shall determine the right of the responsible 
governing power to suspend temporarily and in certain places the 
rights mentioned in Articles 8, 9, 10, 12 and 13.' 

Law AiiTERiNO the Law of 26 February 1861 Concerkino Imferiai^ 

Representation. 

Article 1. The Keichsrat is the common representative body of the 
Kingdoms of Bohemia, Dalmatia and Galicia and Lodomeria with 
the Grand Duchy of Cracow, of the Archduchies of Lower and Up- 
per Austria, of the Duchies of Salzburg, Styria, Carinthia, Camiola 
and Bukowina, of the Margravate of Moravia, of the Duchy of Up- 
per arid Lower Silesia, of the Princely County of Tyrol and the terri- 
tory of Vorarlberg, of the Margravate of Istria, of the Princely 
County of Gorz and Gradiska, and of the City of Triest with its 
territory. The Reichsrat is composed of a House of Lords {Herren- 
haua) and a House of Representatives {Havs der Abgeordneten) . 

Persons appointed members of the House of Lords in conformity 
with Articles 3 and 5 may be elected to the House of Representatives. 
In case of the acceptance of such an election, the membership in the 
House of Lords ceases for the period during which sijch office is held.* 

Should a representative be appointed to the House of Lords in 
conformity with Articles 3 or 5, his membership therein shall not 
begin until after he ceases to be a representative." 

Art. 2. Princes of the imperial family who have attained full age 
are by birth members of the House of Lords. 

Art. 3, Chief of the indigenous noble families, of full age, who 
possess extensive landed property within the Austrian States, are 
hereditary members of the House of Lords, if such dignity has been 
conferred upon them by the Emperor. 

Art. 4. All archbishops and all bishops enjoying princely rank^ 
within the Austrian States, shall be members of the House of Lords 
by virtue of their high ecclesiastical rank. 

1 Cf. Law of 28 February 1882. 

* Law of 6 May 1869. 

>As amended 26 January 1907* 



AUSTRIA-HUK'GARY : AUSTRIA. 15 

Art. 5. The Emperor shall have the right to call into the House 
of Lords as life members eminent men from the kingdoms and 
countries represented in the Reichsrat, who have rendered dis- 
tinguished services to the State or church, to science or art. 

The number of such members shall not exceed 170 nor fall below 
150.1 

Art. 6. The House of Representatives shall be composed of 516 
members, apportioned to and elected in the several kingdoms and 
countries as follows: 

Kingdom of Bohemia 130 

Kingdom of Dalmatla 11 

Kingdom of Galicia and Lodomeria with the Grand Duchy 

of Cracow ^ 106 

Archduchy of Lower Austria 64 

Archduchy of Upper Austria 22 

Duchy of Salzburg 7 

Duchy of Styrla 80 

Duchy of Carinthia 10 

Duchy of Oarniola 12 

Duchy of Bukowina 14 

Margravate of Moravia 49 

Duchy of Upper and Lower Silesia 15 

Princely County of Tyrol 25 

Territory of Voralberg 4 

Margravate of Istria _ 6 

Princely County of Gorz and Gradlska 6 

City of Trlest and its territory 5 

The apportionment to the several election districts of the members 
of the House of Bepresentatives, to be chosen in accordance with this 
list, shall be determined by the election law of the Reichsrat.^ 

Art. 7. Every male person who has attained the age of 24 years, 
possesses Austrian citizenship, is not excluded from the right to 
vote by the provisions of the election law of the Reichsrat, and who 
at the time the election is ordered has resided for at least one year 
in the Austrian commune in which the right to vote is to be exercised, 
is qualified to vote for representatives.' 

Every male person who has been in the possession of Austrian 
citizenship for at least three years, has attained the age of 30 years, 
and is not excluded from the right to vote by the provisions of the 
eleption law of the Reichsrat, is eligible as a representative. 

In case the election law of the Reichsrat should provide for the 
election of substitutes of representatives, the foregoing provisions 
concerning eligibility are also applicable to such substitutes. 

* This ijMiragraph added by amendment of 26 Janua'ry 1907. 

' This article was amended on 26 January 1907, increasing the membership of the House 
of Representatives from 425. The new election law bears the same date. 
« Art. 66, Sect. 1 of the Law of 1 August 1896. 



16 CONSTITUTIONS OF THE STATES AT WAR. 

The election law of the Reichsrat contains the further regulations 
concerning the exercise of the right to vote and concerning the con- 
duct of elections.^ 

Art. 8. Public officers and functionaries who may be elected to the 
House of Representatives do not need a leave of absence in order to 
attend the meetings of that body. 

Art. 9. The Emperor appoints the president and vice-president of 
the House of Lords from among its members, and for the term of the 
session. The House of Representatives elects from its own members 
its president and vice president. Each of the houses chooses its other 
officers. 

Art. 10. The Reichsrat shall be convened annually by the Emperor, 
during the winter months when possible. 

Art. 11. The competence of the Reichsrat extends to all matters 
which relate to the rights, obligations and interests common to the 
countries represented therein, in so far as these matters are not to be 
handled in common, in consequence of the agreement of the countries 
of the Hungarian crown with the other countries of the monarchy. 

Thus, the competence of the Reichsrat extends to : 

a. The examination and approval of commercial treaties and of 
those political treaties which place a financial burden upon the Em- 
pire or upon any part thereof, which place obligations upon indi- 
vidual citizens, or which have as a consequence a change of the terri- 
tory of the kingdoms and countries represented in the Reichsrat. 

h. All matters which relate to the form as well as to the regula- 
tion and term of military service * ; particularly the annual grant of 
military forces, and the general provisions regarding the furnishing 
of relays and the maintenance and quartering of troops. 

<?. The establishment of the budget, and particularly the annual 
grant of taxes and duties to be levied; the examination of the ac- 
counts and of the results of the financial administration, the final 
approval of such accounts; the issue of new loans, the conversion of 
the existing State debt, the alienation, transformation, or burdening 

> The text here given Is that Introduced by amendment of 26 January 1907. Before this 
change there were five classes of electors: (1) The great landowners, comprising those 
who paid a certain land tax, varying in the several Provinces from 50 to 260 florins; 
this class elected 85 representatives. (2) The cities, where the electoral franchise was 
extended to all males of 24, who paid a tax of 5 florins ; this class elected 99 representa- 
tives. (3) Chambers of commerce and of industry ; this class alone elected 21 repre- 
sentatives and together with the second class chose 19 others. (4) Rural communes, in 
which the qualifications for voting were the same as in the cities ; this class elected 129 
representatives. (5) A fifth class created by law of 14 June 1896 Included all males 
who had attained the age of 24 years ; this class chose 72 representatives. 

The amendment of 1907 abolishes the class system of voting, and establishes universal 
suffrage for all representatives. The election law of the Reichsrat of 26 January 1907 
makes the further provisions for elections under the new system of universal suffrage ; 
each Province is divided Into election districts, most of which choose only one repre- 
sentative ; each commune forms a voting precinct 

-^--vs of 11 April 1889 and 6 June 1886. 



AUSTRIA-HUNGARY: AUSTRIA. 17 

of the public domain ; legislation concerning monopolies and seignio- 
rial rights, and in general all financial affairs which are common to 
the kingdoms and comitries represented in the Beichsrat. 

d. The regulation of the monetary system and of banks of issue, 
of customs and commercial affairs, of the telegraph, post, railways, 
navigation, and of other means of communication within the Empire. 

e. Legislation concerning credits, banks, patents of invention, in- 
dustry,^ with the exception of legislation concerning the monopoly of 
liquor; weights and measures, the protection of trade-marks and of 
industrial models. 

/. Legislation concerning public health and for protection 
against epidemics and epizootics. 

g. Legislation concerning citizenship and domicile, the police 
control of foreigners, the system of passports and the taking of the 
census. 

A. Concerning confessional relations, the rights of assembly and 
of association; concerning the press and the protection of literary 
and artistic property. 

L The establishment of the principles of the educational system 
in the primary ^ and secondary schools, and legislation concerning the 
universities. 

k. Legislation concerning criminal justice and police penalties*; 
the civil law, with the exception of legislation concerning the details 
of the systems of public registries and concerning such matters as, 
in the terms of the provincial constitutions and of this fundamental 
law, belong within the competence of the provincial diets ; legislation 
concerning commercial law and commercial paper,* maritime law, 
mines ^ and feudal rights. 

Z. Legislation concerning the principles of the judicial and ad- 
ministrative organization. 

7n. The laws to be passed in execution of the fundamental laws 
concerning the general rights of citizens, the imperial court, the 
judicial power and the administrative and executive power. 

n. Legislation concerning the matters which relate to the duties 
and relations of the particular countries among themselves. 

o. Legislation concerning the manner of handling matters which, 
through the agreement with Hungary, are recognized as common to 
the two parts of the Empire. 

Art. 12. All matters of legislation other than those expressly re- 
served to the Reichsrat by the present law belong within the power 

» Law of 20 December 1859, amended 15 March 1883 and 8 March 1885. 

> Law of 14 May 1869, amended 2 May 1883. 

» Code of Criminal Procedure of 23 May 1873 ; Penal Code of 27 May 1852. 

* Commercial Code of 17 December 1862. 

^ Law of 23 May 1854. 



18 CONSTITUTIONS OF THE STATES AT WAB. 

of the provincial diets of the kingdoms and countries represented 
in the Eeichsrat and are constitutionally regulated by such diets.* 

In matters which, according to the principles of the provincial 
constitutions and of this fundamental law, belong within the com- 
petence of provincial legislation, the provinces in the regulation of 
such affairs may also adopt necessary measures in the fields of 
criminal justice, police justice and civil law.* 

Within the field of provincial legislation belongs also the regu- 
lation of the organization of public administrative offices which are 
created by the exercise of the power of provincial legislation to* 
organize autonomous administrative departments, the activities of 
which are based upon the principles reserved to imperial legislation 
by Article 2 I of this fundamental law.* 

However, should a provincial diet decide that a matter committed' 
to it ought to be discussed and decided in the Beichsrat, such matter*. 
for this particular case and with reference to this diet, shall come* 
within the power of the Reichsrat. 

Art. 13. Projects of laws may be submitted to the Reichsrat by^ 
the government. The Reichsrat shall also have the right to pro- 
pose laws upon matters within its competence. 

Every law requires the agreement of the two houses and the ap- 
proval of the Emperor. 

If it should happen that, in certain items of an appropriation act 
or with reference to the size of the contingent, in a recruiting act, no* 
agreement can be reached between the two houses after repeated delib- 
eration, the lowest figure shall be considered as granted. 

Art. 14. If urgent circumstances should render necessary some 
measure constitutionally requiring the consent of the Reichsrat when, 
that body is not in session, such measure may be taken by imperial 
ordinance, issued under the collective responsibility of the ministry,, 
provided it makes no alteration of the fundamental law, imposes no* 
lasting burden upon the public treasury, and alienates none of the 
domain of the State. Such ordinances shall have provisionally the 
force of law, if they are signed by all of the ministers, and shall be 
published with an express reference to this provision of the funda- 
mental law. 

1 The 17 diyisioDs of the Empire form 15 provincial goyemments, the city of Triest, the- 
county of 05rz and Oradiska* and the Margravate of Istria being combined Into a divi- 
sion called Coastland. Each division establishes its own Landesordnung or provincial 
constitution ; each has a provincial diet, which exercises the legislative power, and a pro- 
vincial committee, which exercises the executive power in local affairs. The Emperor 
convenes the diets annually, appoints their presidents, and may dissolve them at any time ; 
every provincial law requires his approval. The principal executive and administrative 
officer of the province is the Statthalter or Lande9prii8ident, who is appointed by the- 
Crown and is independent of local control. 

* This paragraph added by Law of 26 January 1007. 



AUSTRIA-HUNGABY : AUSTRIA. 19 

The legal force of such an ordinance shall cease, if the government 
neglects to present it for the approval of the Reichsrat at its next suc- 
ceeding session, and indeed first to the House of Bepresentatives, 
within four weeks after its convention, or if one of the two houses 
refuses its approval thereto. 

The ministry shall be collectively responsible for the withdrawal 
of such ordinances as soon as they have lost their provisional legal 
force. 

Art. 15. For the validity of any decision of the Reichsrat there is 
necessary in the House of Representatives the presence of 100 mem- 
bers, in the House of Lords of 40 members, and in each house the vote 
of a majority of those present. 

Modifications in the present fundamental law and in the fundamen* 
tal laws on the general ri^ts of Austrian citizens, on the establish- 
ment of the imperial court, on the judicial power, and on the exercise 
of administrative and executive power, shall be made only by a major- 
ity of not less than two thirds of the members present and with the 
presence of not less than half of the members of the House of Repre- 
sentatives.^ 

Art. 16. Members of the Hou^e of Representatives shall receive no 
instructions from their electors. 

Members of the Reichsrat shall not be held responsible on account 
of any vote given, and for any utterances made by them in the exer- 
cise of their oflSce they may be held responsible only by the house to 
which they belong. 

No member of the Reichsrat shall be arrested or proceded against 
judicially during the time of a session, on account of any criminal 
act, without the consent of the house, unless he were apprehended in 
the very act. 

Even when the member is taken in the very act, the court shall give 
immediate notice of the arrest to the president of the house. 

If the house requires it, the arrest must be suspended or the pro- 
ceedings postponed during the session. The house shall have the 
same right with respect to an arrest or judicial proceeding instituted 
against a member when the Reichsrat is not in session. 

Art. 17. All members of the Reichsrat must personally exercise 
their right to vote. 

Art. 18. Members of the House of Representatives are elected for a 
period of six years.* 

At the expiration of this period, as also in the case of the dissolu- 
tion of the House of Repre^sentatives, a new election shall be held. 

1 '* And with . . . Representatlyes " added 2 April 1873. 

*A8 amended 2 April 1878. By the original text no limitation was placed upon the 
life of the Reichsrat, which came to an end only by dissolution. 



20 CONSTITUTIONS OF THE STATES AT WAR. 

The retiring representatives shall be eligible for reelection. 

During the intervals between general elections supplementary elec- 
tions shall be held when a member ceases to be eligible, dies, resigns, 
or for any other legal reason ceases to be a member of the Beichsrat, 
in case a substitute should not have been elected for such representa- 
tive. In the latter case the election law of the Beichsrat shall contain 
provisions concerning the management of the new election.^ 

Abt. 19. The adjournment of the Reichsrat or the dissolution of the 
House of Bepresentatives shall take place by decree of the Emperor. 
In case of dissolution a new election shall be held in conformity 
with Article 7. 

Art. 20. Ministers and chiefs of the central administration are 
entitled to take part in all deliberations and to present their pro- 
posals personally or through representatives. Each house may re- 
quire the presence of a minister. Ministers shall be heard whenever 
they desire. They shall have the right to vote only when they are 
membeiis of one of the houses. 

Art. 21. Each of the two houses of the Beichsrat may interpellate 
the ministers upon all the matters within the scope of their powers, 
may investigate the administrative acts of the Grovernment, demand 
information from the ministers concerning petitions presented to the 
houses, may appoint commissions, to which the ministers shall give 
all necessary information, and may give expression to its views in the 
form of addresses or resolutions. 

Art. 22. A special law shall provide how the control of the public 
debt shall be exercised by the representative bodies.' 

Art. 23. The sessions of both houses of the Beichsrat shall be 
public. 

Each house shall have the right, in exceptional cases, to exclude 
the public, upon the demand of the president or of at least 10 mem- 
bers, by a decision taken behind closed doors. 

Art. 24. The law regarding the order of business of the Beichsrat 
shall contain detailed provisions concerning the reciprocal and ex- 
ternal relations of the two houses.' 

Law Concerning the Establishment of an Imperial Court. 

Article 1. For the decision of conflicts of jurisdiction and of dis- 
ptited (jueHtions of public law an Imperial Court (Beichagericht) 

* An nm(in(1(*(1 30 January 1907. 

• Law of 10 JUU9 1808, mnended 18 April 1870. 

•Lawn of 13 May 1878, 35 January 1876 and 2 March 1875. Cf. F. Moreau et 
J. li8U*Hrtt, /.(*• K^glemrntt det A$$emh14e9 Uffi9lative9, yd. i (Paris, 1906), pp. 426 
and 440. 



AUSTRIA-HUNGAEY : AUSTRIA. 21 

shall be established for the kingdoms and countries represented in 
the Eeichsrat.^ 

Art. 2. The Imperial Court shall decide finally concerning conflicts 
of jurisdiction : 

a. Between the judicial and the administrative authorities, con- 
cerning the question whether a matter should be decided judicially 
or by administrative procedure, in the case^ determined by law. 

6. Between the provincial diet of a particular country and the 
higher governmental authorities, when each of them claims the right 
to regulate or to decide an administrative matter. 

e?. Between the independent public authorities* of the several 
countries in the affairs of which they have the direction and ad- 
ministration. 

Art. 3. The Imperial Court shall also decide finally : 
a. Concerning claims of a particular kingdom or country against 
the Empire, and vice versa ; claims of one of the kingdoms or coun- 
tries against another; claims of a commune, corporation, or individual 
against any one of the kingdoms or countries or against the Empire, 
if surh claims can not be decided by the regular courts. 

h. Concerning complaints of citizens on account of the violation 
of political rights guaranteed to them by the constitution, after the 
matter shall have been the object of an administrative decision, in 
accordance with the law. 

Art. 4. Concerning the question whether the decision of a par- 
ticular case is within its jurisdiction, the Imperial Court alone de- 
cides; its decisions exclude any further appeal or judicial pro- 
ceedings. 

If a matter is referred by the Imperial Court to a regular court 
or to an administrative authority, the latter can not refuse to decide 
such a matter on the ground of incompetence. 

Art. 5. The Imperial Court shall sit at Vienna, and shall be com- 
posed of a president and president substitute, appointed by the 
Emperor for life, and of 12 members and 4 substitutes, also ap- 
pointed for life by the Emperor, upon the nomination of the 
Beichsrat; 6 members and 2 substitutes shall be nominated by each 
house. 

The nominations should be made in such a way that there shall be 
three properly qualified candidates for each place to be filled. 

Art. 6. A special law shall determine the detailed provisions con- 
cerning the 'Organization of the Imperial Court, its procedure, and 
the execution of its decisions and orders.^ 

> By a decision of 20 January 1897, the Imperial Court held that it was not competent 
to decide controversies between the legislature and the executive authorities. 
' The Imperial Court was organized by a law of 18 April 1869. 



22 constitutions of the states at waiu 

Law Concerning the Judicial Power. 

Article 1. All judicial power of the State shall be exercised in 
the name of the Emperor. 

Judgments and sentences shall be executed in the name of the 
Emperor. 

Art. 2. The organization and jurisdiction of courts shall be 
established by law. 

Special tribunals may be established only in the cases previously 
determined by law. 

Art. 3. The jurisdiction of military courts shall be determined 
by special law. 

Art. 4. The jurisdiction with reference to violations of the police 
and tax laws shall be regulated by law. 

Art. 5. The judges shall be appointed for life by the Emperor or 
in his name. 

Art. 6. The judges shall be independent in the execution of their 
judicial office. 

They shall be deprived of their office only in the cases provided 
by law, and by virtue of a formal judicial sentence; they shall be 
suspended only by the order of the president of the court or of a 
higher judicial officer, the matter being at the same time referred to 
the proper court; the transfer of a judge to another place or his 
retirement against his will shall take place only by judicial decision 
in the cases and in the manner provided by law.^ 

However, these provisions do not apply to displacements or re- 
tirements which are made necessary by changes in the judicial 
organization. 

Art. 7. The courts shall not have power to decide as to the validity 
of laws properly promulgated. However, the courts may determine 
the validity of ordinances (Verorchiun^en) which are involved in 
cases before them. 

Art. 8. All judicial officers, in taking the oath of office, shall swear 
to an inviolable observance of the fundamental laws. 

Art. 9. Independently of the other means provided by the judicial 
procedure, an action may be brought against the State or its judicial 
officers, because of wrongs committed by the latter in the exercise of 
their functions. This right of action shall be regulated by a special 
law.* 

Art. 10. Proceedings before the judges in civil and criminal cases 
shall be oral and public. 

Exceptions to this rule shall be determined by law. In criminal 
proceedings the system of public prosecution shall be in force.* 

> Law of 21 May 1868. 

> Law of 12 July 1872. 

■Code of Criminal Procedare of 28 May 1878. 



AXJSTBIA-HTJNGAEY : AUSTRIA. 23 

Art. 11. For all offenses punished by severe penalties, which shall 
be determined by law, as well as for all political crimes and misde- 
meanors and offenses committed by the press, a jury shall decide 
concerning the guilt of the accused. 

Art. 12. The Supreme Court of Justice and Cassation sitting at 
Vienna shall be maintained for all of the kingdoms and countries 
represented in the Heichsrat. 

Art. 13. The Emperor shall have the right of amnesty; he shall 
also have the right to remit or to reduce the penalties imposed by the 
courts as well as to relieve the convicted person of the legal conse- 
quences of his condemnation, with a reservation of the restrictions 
contained in the law concerning ministerial responsibility. 

It is reserved to the law of criminal procedure to provide a legal 
rule as to the cases in which a punishable act shall not be subject to a 
criminal proceeding, and that a trial begun in such a case shall be 
discontinued. 

Art. 14. Justice shall be separated from administration in every 
case. 

Art. 15. In every case where an administrative authority, under 
present or future laws, has to decide a contest between individuals, 
the party injured in his rights by such decision shall be free to pro- 
ceed against the other party in the regular courts. 

Moreover, if anyone asserts that through a decision or order of an 
administrative authority hi& rights have been violated, he shall have 
the right to make his claim against a representative of the adminis- 
trative authority before the administrative court in public oral pro- 
cedure. 

The cases in which the administrative court shall have jurisdiction, 
the composition of the court and the procedure therein shall be regu- 
lated by a special law.^ 

Law Concerning the Exercise of Administrative and Executive 

Power. 

Article 1. The Emperor is sacred, inviolable, and irresponsible. 

Art. 2. The Emperor shall exercise governmental power through 
responsible ministers and officers and agents subordinate to them. 

Art. 3. The Emperor shall appoint and dismiss ministers and, 
upon the proposal of the respective ministers, appoint all officers in 
all branches of the public service, in so far as the law does not other- 
wise provide. 

Art. 4. The Emperor shall confer titles, orders and other public 
distinctions. 

^ Law of 22 October 1875, amended 19 March 1894 and 21 September 1905. 



24 CONSTITUTIONS OF THE STATES AT WAR. 

Akt. 5. The Emperor shall have supreme command of the armed 
force, shall declare war and conclude peace. 

Art. 6. The Emperor shall conclude political treaties. The con- 
sent of the Reichsrat is necessary for the validity of any treaties of 
commerce or political treaties which impose obligations upon the 
Empire, upon any part thereof, or upon any of its citizens. 

Art. 7. The right to coin money shall be exercised in the name of 
the Emperor. 

Art. 8. Before assuming the government the Emperor shall take 
a solemn oath in the presence of both houses of the Reichsrat : 

To maintain inviolable the fundamental laws of the kingdoms and countries 
represented in the Reichsrat, and to govern in conformity with them, and in con- 
formity with the laws in general. 

Art. 9. The ministers shall be responsible for the constitutionality 
and legality of governmental acts done within the sphere .of their 
powers. 

This responsibility, the organization of a court to try impeach- 
ments of ministers, and the procedure to be observed in such a court 
shall be regulated by a special law.* 

Art. 10. The publication of the laws shall take place in the name 
of the Emperor, with a note of their passage by the representative 
bodies in the constitutional manner and under the signature of a 
responsible minister.' 

Art. 11. The public authorities are empowered, within the sphere 
of their respective duties, to issue decrees and orders in execution of 
the laws, and to enforce the observance of such regulations and of 
the laws by all those to whom they are applicable. 

Special laws shall regulate the powers of the administrative au- 
thorities, and the powers of the armed force which is permanently 
organized or called out in a particular case for the maintenance of 
public safety, peace and order. 

Art. 12. All the officers of the State shall be responsible for the 
observance of the fundamental laws and of the imperial and pro- 
vincial laWs in the performance of their official duties. 

To make such responsibility effective it shall be the duty of the 
organs of the executive power to exercise a disciplinary control over 
the above-mentioned public officials. 

The civil liability of public officers for injury caused by illegal use 
of their powers shall be regulated by law. 

Art. 13. All members of the public administration,* in their oath 
of office, shall swear to an inviolable observance of the fundamental 
laws. 

^Law of 26 Jnly 1867. 'Law of 10 June 1869. 



3. HUNGARY. 

The constitutional development of Hungary has frequently been 
compared with that of England, for the Constitution is not embodied 
in any one instrument, but is contained in numerous laws which may 
be altered by the regular legislative processes. However, in Hungary 
the Constitution has been embodied in written laws to a much greater 
extent than in England. 

The most important of the earlier constitutional docimients of 
Hungary is the Bulla Aurea of Andreas II, which was issued in 
1222 ^ and which bears a striking resemblance to the English Magna 
Carta of 1215. Bulla Aurea is now chiefly of historical interest, but 
is of importance as one of the first steps in a long and continuous 
constitutional development. 

Ferdinand I of Austria was chosen King of Hungary in 1526, 
after the Hungarian forces had been signally defeated by the Turks 
at the battle of Mohacs. The Hapsburgs constantly endeavored to 
reduce Hungary to the position of a province of the Empire, and to 
abolish its independent national institutions. However, by the Prag- 
matic Sanction, which was embodied in three Hungarian laws of 
1722-23, tlie rights of Hungary were guaranteed. 

Xotwithstanding the guaranty of Hungarian institutions the eflForts 
to weaken or destroy them continued, and it was only in 1848 that 
the revolutionary movement finally enabled the liberal members 
of the Diet to carry their measures. Thirty-one laws, embodying 
among other things the Hungarian demands for a separate responsi- 
ble ministry and for annual sessions of the Diet, were enacted and 
were approved by the Emperor on 11 April 1848. Under these laws 
Hungary became practically independent, uniting with Austria by 
a personal union. An attempt on the part of Hungary to secure com- 
plete independence resulted in the surrender of the Hungarians at 
Vilagos on 13 August 1849. 

After Vilagos Hungary was governed for 10 years as a subject 
province. The Diploma of 20 October 1860 recognized the rights 
of the Hungarian Diet, but the Patent of 26 February 1861 estab- 
lished a central legislature at Vienna. Hungary refused to join in 

1 French trnnslation In P. R. Dareste et P. Daheste, Leu Constitutions modemes (3d 
edition. Paris, 1910), vol. i, pp. 470-476. 

25 
88381—19 3 



26 CONSTITUTIONS OF THE STATES AT WAR. 

such a legislature or to be content .with any arrangement which 
should not give her absolute control over her local affairs. In 1865 
negotiations were entered into upon the basis of Hungary's right to 
an independent government, and the agreement of 1867 guarantees 
the " laws, constitution, legal independence, freedom, and territorial 
integrity of Hungary and its subordinate countries." The laws of 
1848 again came into full force, and the parliamentary institutions of 
the country were reestablished upon a firm basis. 

Under the terms of the agreement of 1867 Hungary w^as left to deal 
as it thought best with the races within its territory. With Croatia 
alone did Hungary find it necessary to make special terms. By a law 
of 1868, which has been several times amended, an arrangement^ was 
made between Hungary and Croatia similar in many respects to that 
between Austria and Hungary.^ 



LAW 10 OF 1791.» 

On the Independence of the Kingdom of Hungary and Its 

Dependencies.* 

On the proposal of the estates and orders of the Kingdom, His 
Sovereign Majesty has been graciously pleased to recognize that, al- 
though the female succession of the august house of Austria, estab- 
lished by Laws 1 and 2 of 1723 in the Kingdom of Hungary and its 
dependencies, attaches to the same prince as in the other Kingdoms 
and hereditary States situated in Germany and outside of Germany, 
which must be possessed inseparably and indivisibly in accordance 
w ith the established order of succession, nevertheless, Hungary with 
its dependencies is a free kingdom, and independent in all that con- 
cerns the legal form of the government (with all its dicasteries'), 
that is to say, that it is subject to no other kingdom or people, but 
that it has its own existence and constitution, and that it must be 
governed and administered by its hereditary King, legally crowned, 
and, consequently, by His Sovereign Majesty and his successors, the 
Kings of Hungary, in accordance with its own laws and customs and 
not on the model of other provinces, conformably to Laws 3 of 1715 
and 8 and 11 of 1741. 

^ French translation of the Compromis in Dabestb, op. oit,, pp. 505-520. 

' TheHe introductory paragraphs are based upon W. F. Dodd^ Modem Constitutions 
(Chicago, 1909), vol. i, pp. 91-98, and Dabeste, op. cit., pp. 464-470 and 504-505. 

3 Laws 10. 12 and 19 of 1791 and 8. 18 and 20 of 1848 have been translated by Ruth 
E. Stanton from the French translation In Darbstb» op. cit., pp. 476, 477, 478. 487 
and 488. 

* Leopoldi II Regis Decreti A. 1791, Art. 10 (De independentia Regni HungariiE parti- 
umque eidrm annexarum). The expression partes annexa served to designate the 
^countries beyond the Drave (Croatia-Slavonla-Dalmatia). 

* Government authorities. 



AUSTKIA-HUNGARY : HUNGASY, 27 

LAW 12 OF 1791. 

On the Exercise of the LEoisiiATivB and Executive Power/ 

His Sovereign Majesty voluntarily and of his own accord recog- 
nizes that the power to make, abrogate and interpret the laws in 
this Kingdom of Hungary and its dependencies belongs, save for 
the provisions of Law 8 of 1741, to the lawfully crowned Prince and 
to the estates and orders of the Kingdom lawfully assembled in Diet, 
and he has been graciously pleased to declare that he would preserve 
intact this right of the States, and would transmit it inviolate to his 
august successors as he had received it from his illustrious ancestors, 
guaranteeing to the estates and orders of the Kingdom that the King- 
dom and its dependencies shall never be governed by edicts or by 
what are known as patents, which can in no case be received by any 
of the tribunals of the Kingdom, the deliverance of patents being 
reserved only in the case where, on points in other respects conform- 
ing to the law, the publication can be effectively obtained only in 
this way. In consequence: 

The organization of tribunals, established or to be established by 
the law, can not be modified by royal authority; the execution of 
lawful sentences can not be prevented by orders of the King, nor can 
he in person be permitted to prevent it ; the lawful sentences of the 
tribunals shall not be altered or yielded to the revision of the King 
or any political administrative authority, but the judgments shall 
be rendered conformably to the laws at present existing or subse- 
quently to be made, and to the recognized custom of the Kingdom, by 
judges chosen without religious distinction, and the executive power 
shall be exercised by His Royal Majesty only in the meaning of the 
laws. 

LAW 19 OP 1791. 

On Subsidies and Contribution.^ 

His Sovereign Majesty has also been graciously, pleased to guar- 
antee fully to the estates and orders of the Kingdom and the de- 
pendencies that no subsidies, imder any name whatsoever, either in 
money, in kind or in recruits, shall be imposed by the royal will 
either upon the estates and orders or upon persons not of the nobility, 
nor shall they be solicited, under the pretext of a free gift or for 
any other reason, outside of the diet, save in so far as concerns the 
provision of Law 8 of 1715 confirmed by Law 22 of 1741.' The 

^ Leopoldi Jl Regis Decreti, Art. 12 (iDe legiftlaUvcB et exeotttivtB potestatis exerdtio). 

*Leopoldi II Regis Decreti, Art. 19 {De suhsidiia et contrihutione) . 

* These laws provide that in case of an unexpected war or a war of invasion the diet 
must be convoked in a place in the interior of the Kingdom in order to deliberate upon an 
extraordinary imposition (tax). 



28 CONSTITUTIONS OF THE STATES AT WAK. 

amount of the contribution appropriated for the maintenance of the 
permanent army shall always be determined from one diet to the 
other in the comitia of the Kingdom ; save for the other provisions 
of Law 8 of 1715 above cited, which are, presumably, confirmed.^ 

LAW 3 OF 1848.' 

On the Formation of a Responsible Hungarian Ministry." 

Article 1. The person of His Majesty the King is sacred and 
inviolable. 

Art. 3. His Majesty shall exercise the executive power in con- 
formity with law, through the independent Hungarian ministry, 
and no ordinance, order, decision, or appointment shall have force 
unless it is countersigned by one of the ministers residing at Buda- 
pest. 

Art, 4. Each member of the ministry shall be responsible for all 
of his official actions. 

Art. 5. The official seat of the ministry is Budapest. 

Art. 6. In all matters which have heretofore been within the power 
of the Koyal Hungarian Chancellery, of the Royal Council of the 
Regency and of the Royal Council of the Treasury, including therein 
mining, and especially in all civil, ecclesiastical, financial and mili- 
tary affairs, and in general in all matters relating to national defense. 
His Majesty shall henceforth exercise the executive power exclusively 
through the Hungarian ministry. 

Art. 7. It shall be within the immediate power of His Majesty, 
in every case with the countersignature of the proper responsible 
Hungarian minister, to appoint archbishops, bishops, priors, and 
abbots, as well as standard bearers, to exercise executive clemency, 
to grant noble rank, titles and orders. 

Art. 10. The ministry shall be composed of a president and of 
eight other ministers, if the president does not himself assume one 
of the portfolios. 

Art. 12. His Majesty shall appoint the ministers upon the nomi- 
nation of the president of the ministry'.* 

Art. 13. One of the ministers shall always be in attendance upon 
the person of His Majesty and shall take part in all affairs which 



* Thla refers to the provisloiis of Law 8 of 1716 relative to the military service of the 
Doblllty and to the maintenance of the permanent army by means of a contribution to 
be determined in accord with the diet. 

' Translations of Laws 8, 4 and 5 of 1848. 33 of 1874, and 7 of 1885 are based upon 
those in Dodd, op. cit., pp. 08-111. French translations of Laws 8 and 4 of 1848 and 7 of 
1885 appear in DARf>8TE, op. ctt., pp. 47f)-487 and 493-501. 

■ Articles 2. 9, 11 and 88 of this law were repealed and Articles 8, 17, 19 and 24 were 
modified by Law 7 of 1867, which suspended the office of Palatln. Article 8 related to 
military affairs which are now conducted by the Anstro-riungarlan Oovcmment. 

* As amended by Law 8 of 1867. 



AUSTRIA-HUNGARY: HUNGARY. 29 

are common to Hungary and the hereditary Provinces, and in such 
affairs he shall, under his responsibility, represent Hungary.^ 

Art. 14. Besides the member attached to the person of the King 
for the affairs mentioned in Article 13, the ministry shall be divided 
into the following departments : 

a. Interior. 

&. Finance. 

<?. Commerce.^ 

d. Agriculture.* 

e. Religion and education. 
/. Justice and pardons. 

g. National defense.* 

Art. 16. A separate minister shall be at the head of each depart- 
ment and of the official personnel thereof, which shall be under the 
direction of the respective chiefs of division. 

Art. 16. The manner of conducting business within the depart- 
ments shall be regulated by the ministry itself. 

Art. 17. The president of the ministry shall preside over the Coun- 
cil of Ministers in the absence of the King, and he may convene the 
Council of Ministers as often as he considers it necessary. 

Art. 18. Each minister shall be responsible for the orders which he 
signs. 

Art. 19. For the consideration of the public affairs of the country 
under the presidency of His Majesty or of the president of the min- 
istry, a Council of State shall be established at Budapest, which shall 
be permanently organized by the next Diet.* 

Art. 20. In addition to the necessary staff of officers, two councilors 
of state shall be assigned to the minister in attendance upon the per- 
son of the King, such councilors to be selected for the present from 
among the active councilors of the Royal Hungarian Chancellery upon 
the nomination of the above-mentioned minister. 

Art. 21. The affairs enumerated in Article 7 as reserved imme- 
diately to His Majesty shall be administered by the responsible Hun- 
garian minister in attendance upon the person of the King, together 
with the councilors of state and officers associated with him. 

Art. 22. The other active councilors of the Royal Hungarian Chan- 
cellery shall be transferred to the Council of State mentioned in 
Article 19. 

^Affairs common to the two countries are now handled by the joint ministry. 

* As amended by Law 18 of 1889. These two ministries were formerly called " Public 
Works, Means of Communication and Navigation " and " Agriculture, Industry and Com- 
merce," respectively. 

*For the representation of the Interests of Croatia-Slavonia-Dalmatia, there Is also 
appointed a separate Croatian minister who Is without portfolio. This minister is en- 
titled to vote in the Council of Ministers and is responsible to the Hungarian House of 
Representatives. 

* The Council of State has never been organized ; hence Articles 19-24 are not really in 
force. 



30 CONSTITUTIONS OF THE STATES AT WAR. 

Abt. 23. The Royal Hungarian Council of the Regency and the 
Royal Council of the Treasury shall be divided among the respective 
departments of the ministry in pursuance of the provisions of Law 
58 of 1791,^ which shall also be taken into consideration in the organi- 
zation of the Council of State. 

Art. 24. The presidents of the government offices mentioned in 
Article 6 shall have seats in the Council of State designated by Arti- 
cle 19, and shall preside therein in the absence of the King and the 
ministers. 

Sec. 25. All officers and employees of the government offices men- 
tioned in Article 6, not only those who receive new appointments but 
also those who can not be given places in the above-mentioned de- 
partments of the ministry, shall retain their present salaries until 
other provision is made. 

Art. 26. The legal powers of all local governing bodies of the coun- 
try shall remain in full force.^ 

Art. 27. The legally established courts shall preserve their legal 
independence and shall retain their present organization until further 
provided by law.* 

Art. 28. The ministers shall have seats in the two houses of the 
Diet and must be heard therein when they wish to speak. 

Art. 29. Ministers shall be bound to attend in either house of the 

Diet when requested, and to give proper explanations. 
Art. 30. Upon demand of either house of the Diet the ministers 

shall be bound to submit their official papers for examination by the 
house itself or by a committee appointed by the house. 

Art. 31. Ministers shall have a vote in the Diet only in case they are 
legal members of the Table of Magnates or have been elected as repre- 
sentatives in the House of Representatives. 
Art. 32. Ministers may be held responsible: 

a. For every act committed or order executed by them in their 
official capacity which violates the independence of the country, the 
guaranties of the Constitution, the provisions of existing laws, per- 
sonal liberty, or the inviolability of property. 

h. For misapplication or illegal use of money or other property 
entrusted to them. 

c. For failure to execute the laws or to maintain public peace and 
order, in so far as such neglect could have been avoided by the use 
of means placed at their disposal by the law. 

^ This law provides that the attrtbutioDS of the Council of the Regency be extended to 
Croatia-Slavonia, which con8e<]uently should have a fixed number of representatires 
therein. 

* See Darestt, op. cit., p. 482, note 1. 

• See Dareste, ibid., note 2. 



AUSTRIA-HUNGARY: HUNGARY. 31 

Art. 33. The Lower House may impeach ministers by a majority 

vote. 

Art. 34. Jurisdiction in such a case shall be vested in a court, 
chosen by means of secret ballot by the Upper House from among 
its own members ; the procedure shall be public, and the penalty shall 
be fixed in proportion to the offense. 

Thirty-six members in all shall be elected, of whom 12 may be re- 
jected by the impeachment commission of the Lower House, 12 by 
the ministers under impeachment. The court thus composed of 12 
person^ shall try the impeached ministers. 

Art. 35. With respect to a convicted minister royal pardon may be 
granted only in case of a general amnesty. 

Art. 36. For other criminal offenses committed by ministers in an 
unofficial capacity, they shall be amenable to the ordinary laws. 

Art. 37. The ministry is bound to submit to the Lower House for 
its examination and approval an annual statement of the income and 
needs of the country, and the account of the income administered by 
it during the past year. 

LAW 4 OF 1848. 

On the Annual Sessions of the Diet. 

Article 1. As the Diet will in future hold annual sessions at Pest, 
His Majesty shall annually assemble the Estates of the country, and 
whenever circumstances permit, during the winter months. 

Art. 2. Hereafter the laws to be proiliulgated may also be approved 
by His Majesty during the course of the annual session.^ 

Art. 3. Representatives shall be elected to a Diet to continue for 
five years, and for all the annual sessions of such a Diet.^ 

Art. 4. After 1848 the new election of representatives shall take 
place throughout the country at the expiration, of each fifth year, 
within six weeks before the opening of the first annual session of the 
new Diet ; members elected during the interval between general elec- 
tions retain their seats in the next Diet only by means .of a new elec- 
tion and so retain them for each of the five annual sessions of a Diet.^ 

Art. 5. His Majesty shall have the right to extend or to adjourn 
the assembled annual session and even to dissolve the Diet before the 
expiration of five years, and in such a case to order a new election of 
representatives; but in the latter case His Majesty shall order the 
meeting of the new Diet in such a manner that it shall assemble 
within three months after the dissolution of the former Diet.^ 

Art. 6. As the establishment of the budget by the Diet is always 
effective for only one year and as no tax may be imposed or collected 

> Cf. Laws 66 and 67 of 1881. 

■ Law 1 of 1886 extended the life of a Diet from 8 to 5 years. 



82 CONSTITUTIONS OF THE STATES AT WAR. 

without a new establishment and grant, in case His Majesty for any 
reason shall dissolve the Diet before the regular time, adjourn or closes 
its sessions before the ministry has submitted the final accounts and 
the estimates for the next year, and before the Diet could reach a 
decision concerning these matters, the Diet must be convened before 
the end of the year and within sufficient time for the final accounts 
and the estimates for the succeeding year to be considered therein 
before the close of the year.* 

Art. 7. His Majesty shall appoint the president and vice-president 
of the Table of Magnates from the members of that house; the 
secretaries shall be elected by the house from among its own members 
bv secret ballot.^ 

Art. 8. As the Royal Table* henceforth ceases to be an integral 
part of the House of Representatives, this house shall elect from 
among its own members, by secret ballot, a president, two vice- 
preisidents and the secretaries. 

The presidents of the two houses shall be chosen for the entire 
legislative period of the Diet; the other officials shall be chosen an- 
nually in the first sitting; in such sitting the oldest member of the 
Diet shall preside. 

Art. 9. The presidents of the two houses shall receive salaries 
from the public treasury, the amount of which shall be fixed in the 
first annual session of the new Diet,^ 

Art. 10. The sittings of the two houses shall continue to be public. 
Each house shall make the regulations for the maintenance of the 
necessary peace and order in its deliberations, and of silence among 
those listening to its proceedings : the president is charged with the 
strict enforcement of such rules. 

Art. 11. In this regard it is hereby provisionally directed that the 
audience shall in no wav disturb the deliberations. 

Art. 12. Should the audience or one of the persons present disturb 
the deliberations and the first warning of the president be without 
effect, the president may upon the second occasion, referring to the 
present law, order the expulsion of the audience or of a member 
thereof and the closing of the galleries. 

Art. 13. After this is done the deliberations shall be continued 
upon the same day or later, as the majority decides, but always 
publicly. 

Art. 14. Peace and order shall be maintained bv sersreants-at-arms, 
with the assistance of the national guard if necessary.* 

^ As amended by Law 10 of 1867. The old Article 6 forbade the dissolution of the 
Diet before the budget had been voted. 

> This point Is now governed by Article 15 of Law 7 of 1885. 

* The Supreme Court of Hungary, which before 1848 formed part of the House of Rep- 
resentatives, Its president presiding In that body. 

* The national guard has now been replaced by the regular army, organized by Laws 
40 and 41 of 1868 and 6 of 1889. 



AUSTRIA-HUNGARY: HUNGARY. 33 

Art. 15. In addition to the regulations contained in the foregoing 
sections, each house shall, in its first annual session, immediately 
adopt an order of business, in which the manner and form of de- 
liberating and of voting and in general the internal affairs of the 
house shall be regulated. The part of this order of business which 
relates particularly to the order of deliberating may be altered only 
at the end of the annual session, after the close of the consideration 
of bills.i 

LAW 6 OF 1848. 

On the Election of Representatives on the Principle of the 

Representative System.^ 

Article 5. The House of Representatives shall consist of 453 mem- 
bers, who shall enjoy equal voting power, and who shall be elected in 
accordance with the apportionment made on the basis of population, 
territon^ and economic conditions.* 

ft 

The Diet of the Kingdom of Croatia, Slavonia and Dalmatia shall 
elect 40 representatives.* 

LAW 8 OF 1848. 

Ox Equality in Regard to Taxation. 

All the inhabitants of Hungary and its dependencies are subject 
without distinction, equally and proportionately, to all public 
charges.*^ 

LAW 18 OF 1848. 

On the Press. 

The previous censorship being abolished forever, and the freedom 
of the press having been reestablished, the guaranty of this freedom 
shall be provisionally assured by the following stipulations : 

Articxe 1. Every person can freely express and circulate his 
thoughts through the medium of the press. * * * 

^ French translation of the resrulatlons of the two housen appears In F. Moreau st 
J. Delpech, Les R^glement$ dee Aasemhl^es legislatives, vol. i (Paris, 1906), pp. 482 
and 51 r>. 

»See Law 33 of 1874 (p. 34). 

' As amended to 1881. The remainder of this law has been repealed. Law 24 of 1001 
provides that a member of the House of Representatives shall not occupy any office or 
accept any position which is dependent upon the nomination or appointment of the 
Crown, the government, or the organs of government, and which carries with it a salary 
or compensation. From this rule are ex^ppted the royal Hungarian ministers, undersec* 
retaries of State and occupants of some other less importatit positions. 

* The Croatian members sit in the Hungarian Diet only for the consideration of matters 
common to Hungary and Croatia ; these matters are principally finance, defense and the 
monetary system ; in other matters the Croatian Diet legislates independently. 

* The rest of the law contains only transitory provisions. 



84 CONSTITUTIONS OF THE STATES- AT WAB. 

LAW 20 OF 1848. 

On THE Eeligious Cults.^ 

Art. 2. Absolute equality and reciprocity are established without 
distinction in what concerns all the religious confessions legally 
recognized in this country. 

LAW 33 OF 1874. 

On the Modification and Amendment of Laav 5 of 1848, and of the 

Transylvanian Law 2 of 1848. 

chapter i. — qualifications of voters.^ 

Article 1. With the exception of females, the right to vote in the 
election of representatives may be exercised by all native or natu- 
ralized citizens who have attained the age of 20 years and who 
possess the qualifications mentioned in Articles 1 and 2 of Law 5 of 
1848 and in Articles 3 and 4 of the Transylvanian Law 2 of 1848 and 
more particularly specified in the subsequent articles. 

Art. 2. In future the right to vote may no longer be exercised 
upon the basis of the privileges existing before the year 1848 ; how- 
ever, those who were registered upon such basis in one of the lists 
of voters for representatives prepared between 1848 and 1872, in- 
clusive, in conformity with Law 5 of 1848 and the Transylvanian 
Law^ 2 of 1848, shall personally remain in the exercise of this right. 

Art. 3. In the royal free cities and in cities with an organized ad- 
ministration the right to vote shall belong to those who possess alone 
or jointly with their wives and minor children : 

a, A house which, even if temporarily exempt from taxation, 
consists of at least three different parts, subject to the household 
tax; or 

&. Land which is assessed on the basis of a net income of 16 
florins. 

Art. 4. In those sections of the country in which Law 5 of 1848 
is effective, the right to vote shall belong to those who in the larger or 
smaller communes possess one fourth of an urbarial share ' or other 
land of an equal area either alone or jointly with their wives and 

^ Only Article 2 has been translated bere, because It establishes a principle which may 
he re^rarded as constitutional. This principle has been dereloped by Law 53 of 1868. 
See Dareste, op. cit., p. 488. note 2. 

' Only the first thirteen ai^lcles of this law have been given ; the other articles (14- 
121) relate to proof of qaalifications and to electoral procedure. 

' The urbarial system is a remnant of the older land tenures ; it refers to lands re- 
leased by the lords and cultivated by the peasants on their own account ; the area of the 
urbarial share varies for different parts of the country. 



AUSTRIA-HUNGARY: HUNGARY. 35 

minor children, it being immaterial in whose name this property is 
registered. 

Lands upon which the tax imposed is equal to that of the most 
lightly taxed one-fourth urbarial share in the same commune shall 
be regarded as equal in size to one fourth of an urbarial share. 

In case the urbarial system does not exist in a given commune, the 
most lightly taxed one-fourth urbarial share of any neighboring com- 
mune resembling the given commune most nearly in land values 
shall be taken as the standard. 

In those parts of the provincialized military border which have 
been incorporated in the counties of Bacs-Bodrogh, Temes, Torontal, 
and Krasso, and in the county of Szoer^ny, 10 joch of cultivated 
land, each of 3,200 square yards, shall be equal to one fourth of an 
urbarial share; in the counties of Middle Szolnok, Kraszna, and 
Zarand, in the Koevar district, in Jazygia and Cumania 8 joch of 
2,400 square yards shall equal one fourth of an urbarial share. 

Bottom land, gardens, vineyards, arable land and meadows shall 
be regarded as cultivated ground. 

Art. 5. In those parts of the country in which the Transylvanian 
Law 2 of 1848 is in force, the right to vote may be exercised by those 
who in the larger or smaller communes : 

a. Pay land taxes according to the present land-tax valuation 
on a net income of 84 florins, but if they own a house belonging in 
the first class of taxable property, on an income of 79 florins, 80 
kreuzer, and if the house be rated in the second or a higher class, 
on an income of 72 florins, 80 kreuzer. 

In case of the correction of the present valuation or of the adop- 
tion of a new valuation, the above-mentioned amounts of income shall 
be changed to agree with the change in ratio between the present 
assessments of apparent total net income from land in the Transyl- 
vanian districts and those of the altered valuation. 

6. Or pay the public tax on a net annual income of not less than 
105 florins, subject either to the land or house tax, or to the income 
tax of the first or third class. 

In addition to those qualified in accordance with Law 12 of 1791, 
every commune which has at least 100 homesteads may also take part 
in the election of representatives through two informally chosen 
electors, smaller communes, however, having one elector. 

Art. 6. The right to vote shall belong also to those : 
a. Who possess a house, either alone or jointly with their wives 
and minor children, in the manner provided by Article 4, upon which 
the house tax has been assessed on an annual income of not less than 
105 florins. 



36 CONSTITUTIONS OF THE STATES AT WAR. 

&. Who pay the public-land tax mentioned under a, or a tax on 
capital or on both land and capital, upon a net annual income of 
not less than 105 florins. 

c. Who as merchants or manufacturers are taxed upon an annual 
income of not less than 105 florins. 

d. Who in the royal free cities or in cities with an organized 
administration are taxed as artisans upon an annual income of not. 
less than 105 florins. 

e. Who in the larger or smaller communes pay the income tax 
for not less than one employee. 

Akt. 7. The right to vote shall belong also to those who pay the 
income tax on an annual income of not less than 105 florins, which, 
according to Law 26 of 1868, is rated in the first class; or who pay 
this tax on an annual income of not less than 700 florins under the 
provisions df the second class ; moreover, those State, municipal, and 
communal officers may vote who pay the income tax on an annual 
income of not less than 600 florins under the provisions of the 
second class. 

Art. 8. In cases covered by Articles 6 and 7, it is required that 
electors, to be entered on the voting lists in accordance with the pro- 
visions there mentioned, must have already been taxed in the preced- 
ing year upon an income not less than that fixed above. 

Art. 9. Without regard to income, the following may vote in the 
electpral districts in which they have their fixed residence : The mem- 
bers of the Hungarian Academy of Sciences, professots, members of 
academies of fine arts, physicians, lawyers, notaries public, engineers, 
surgeons, druggists, graduates of agricultural schools, foresters and 
mining engineers, clergymen, chaplains, communal notaries, teach- 
ers and licensed kindergarten teachers. 

It is required, however, that pastors and chaplains in order to exer- 
cise the right to vote shall actively officiate as such in some officially 
established congregation. 

Professors, school teahcers, kindergarten teachers and communal 
notaries, on the other hand, shall have the right to vote only in case 
they have been legally appointed or elected to their position or have 
been confirmed therein. 

Art. 10. Persons under paternal authority, under guardianship, 
or under employers' authority, even though they possess one of the 
qualifications mentioned in the preceding section, shall not have the 
right to vote. 

The apprentices of merchants and artisans and those employed 
in public or private service as servants or domestics shall be regarded 
as being under employers' authority. 



AUSTRIA-HUNGARY: HUNGARY. 37 

Overseers of estates are not regarded as under such authority. 
Art. 11. The right to vote shall not be exercised : 

1. By soldiers in the army, sailors and members of the national 
guard, whether on active duty or temporarily on leave during their 
term of enlistment, but reservists and members of the national guard 
summoned in conformity with Article 36 of Law 40 of 1868 and Law 
32 of 1873 for military inspection and temporary service are not 
included within this provision. 

2. By members of the finance, customs and revenue police. 

3. By members of the armed police. 

4. By members of the State, municipal and communal police. 
Therefore they shall not be registered in the lists of voters. 
Art. 12. The right to vote shall not be exercised by those : 

1. Who have been condemned to imprisonment on account of 
some crime or misdemeanor, or of some violation of the press laws 
mentioned in Articles 6 to 12 of Law 18 of 1848, during the continu- 
ance of such imprisonment. 

2. Who, on the basis of a valid judicial finding, are being held 
for trial because of some crime or misdemeanor. 

3. Who have been disqualified as voters by a regular judicial 
proceeding, during the time fixed by the judicial sentence. 

4. Who have become bankrupt, until they are discharged. 
Such persons shall, therefore, not be registered in the list of voters, 

even if otherwise entitled to vote. 

The electors mentioned in Clauses 1, 2, 3 and 4, if otherwise entitled 
to vote, shall be registered in special lists and may by way of excep- 
tion exercise the right to vote on proof of acquittal or of their dis- 
charge from bankruptcy by a valid judicial decision, or if they can 
furnish evidence by certificate from the competent authorities that 
they have served the full term of their sentence, or upon proof, by 
reference to the original judgment, that the term of their disabilities 
hns expired; such evidence to be submitted to the commission charged 
with the preparation and correction of the lists of voters or, finally, 
to the president of the election. 

Art. 13. Every elector who has reached his twenty-fourth year 
shall be eligible as a representative, provided he is registered in the 
list of voters and is qualified in the Hungarian language, which in 
accordance with law is the legislative language. 

Those sentenced after the present law has become operative by a 
regular judicial proceeding on account of murder, robbery, arson, 
larceny, concealment, forgery, fraud, fraudulent bankruptcy, or per- 
jury shall not be eligible. 



38 CONSTITUTIONS OF THE STATES AT WAR. 

LAW 7 OF 1885. 
Altering the Organization of the Table of Magnates.^ 

CHAPTER I. — ^THE ORGANIZATION OF THE TABLE OF MAGNATES. 

Article 1. Members of the Table of Magnates shall be those who 
have the right to sit and vote therein by virtue : 

a. Of hereditary right. 

&. Of their high rank or office. 

<?. Of their appointment for life by His Majesty the King. 

d. Of election by the Diet of Croatia-Slavonia ^ in accordance 
with Law 15 of 1881. 

Art. 2. By virtue of hereditary right the following shall be men- 
bers of the Table of Magnates : 

a. The archdukes of the royal family who are of full age. 

&. All male members of 24 years of age of families which have 
heretofore had the right of membership in the Hungarian Table of 
Magnates or which had received from the Hungarian King the 
title of count or baron in Transylvania before the union of that 
principality with Hungary, if they alone or together with the wives 
and minor children living in a common household with them possess 
and enjoy or have a life interest or a family interest in trust in real 
estate within Hungarian territory, assessed upon the new cadaster of 
1885 for the direct national land tax to an amount of not less than 
3,000 florins, Austrian value, including therein the house taxes upon 
residences and industrial establishments attached to such real property. 
With reference to families of magnates whose members, besides 
their rights in the Hungarian Upper House, have by birth or in 
some other manner a seat and vote in the legislature of another 
State of the monarchy or of any other country, it is provided that, 
if they possess the property qualification mentioned in Clause h 
of this Article by virtue of their real property located in Hun- 
garian territory, their rights in the Hungarian Upper House shall 
not be exercised unless they deliver once for all to the president of 
the Royal Hungarian Ministry a declaration that they for them- 
selves will exercise such right only in the Hungarian Upper House; 
this declaration shall be made within six months after the comple- 
tion of the twenty-fourth year, and if such age has already been 
reached, before 1 July 1885. 

The president of the ministry shall transmit this declaration to 
the president of the Table of Magnates within eight days after its 



* Chaps. 2. 3 and 4 of this law are omitted ; they contain provisions regarding the 
appointment of officers, order of business and other matters of less importance. 
' Croatla-SlaYonla elects 3 members of the Table of Magnates. 



AUSTRIA-HUNGARY: HUNGARY. 39 

receipt, if the Diet is in session, and if it is not in session, within 
eight days after its assembling. 

c. Hungarian citizens by birth and their legitimate male de- 
scendants in a direct line, upon whom His Majesty, upon the proposal 
of the Council of Ministei-s, has especially conferred the right of 
hei-editary membership in the Table of Magnates, in addition to the 
corresponding title (duke, count, or baron). 

Hungarian citizens who are not such by birth may be granted 
membership in the Upper House upon the proposal of the Council 
of Ministers only by means of legislation. 

In either case the Council of Ministers may propose only Hun- 
garian citizens of merit who have attained the age of 24 years, are 
of age and possess the property qualifications provided by this 
article. 

Art. 3. If a member of one of the families designated in Clauses h 
and c of Article 2 does not possess the required property qualification, 
or loses it later, his right shall cease from that time but shall be 
revived if he afterward regains this qualification. 

In the latter case the right may be exercised in the session follow- 
ing the one in which the qualification is established. 

Art. 4. By virtue of their high rank or office, and during the 
continuance thereof, the following shall be members of the Table of 
Magnates : 

A. a. The standard bearers of the Kingdom and the Count of 
Pozsony (Pressburg). 

h. The two curators of the Crown. 

c. The governor of Fiume. 

d. The president and vice-president of tlie Supreme Court and 
the president of the Court of Appeals of Budapest. 

B. Also by virtue of their high rank and of their offices the fol- 
lowing shall be members of the Table of Magnates during the con- 
tinuance of their ecclesiastical offices : 

a. The Roman Catholic Church dignitaries of the Latin and 
Greek rite in the lands of the Hungarian Crown, viz., the Prince 
Primate of Hungary and the other archbishops, the bishops of 
dioceses, and the likewise royally appointed suffragans of Belgrade 
and Tinnin (Knin), and finally, the Archabbot of Pannonhalma 
(Martinsberg), the Provost of Jaszo and the Prior of Auranien. 

b. The dignitaries of the Oriental Greek Church : the Servian 
Patriarch, the Roumanian Metropolitan and the bishops of dioceses. 

c. The three senior bishops of the Evangelical Reformed Church 
and of the Evangelical Church of the Augsburg Confession; the 
three senior superintendents of the Evangelical Reformed Church, 
taking into account the religious district of Transylvania, especially 



49 CONSTITUTIONS OF THE STATES AT WAR. , 

the senior superintendent; the inspector general and the two senior 
direct inspectors of the Evangelical Church of the Augsburg Con- 
fession; and finally, one of the senior presidents, either bishop or 
superintendent, of the Unitarian Church. 

Art. 5. Those whom His Majesty the King appoints, upon the pro- 
posal of the Council of Ministers, from among the citizens of all the 
countries of the Crown of St. Stephen, in recognition of merit and 
to increase the prestige of the Upper House thereby, shall be life 
members of the Table of Magnates. 

As soon as the upper house is organized in accordance with the 
present law, the number of members appointed for life shall not 
exceed 30. In future such appointments shall take place gradually, 
and in no case shall more than five appointments be made in one year. 
The total number of life members shall never exceed 50. 

Art. C. The fact that a person is engaged in military service, is in 
the active performance of a civil or religious oflBce, or is appointed to 
such a position, imposes no obstacle to the exercise of a right of mem- 
bership in the Table of Magnates belonging tq him, or to his being 
named a hereditary or life member thereof. 

Art. 7. Should new offices or positions of high rank be created or 
should new bishoprics or ecclesiastical districts be established by the 
religious confessions mentioned in Article 4, such offices and positions 
shall not carry with them the right to a seat in the Table of Magnates, 
unless this is expressly provided by law. 

Art. 8. The members designated by Article 1, Clause d, shall have 
the right to take part in the deliberations and voting only with refer- 
ence to the matters common to the countries and provinces of the 
Hungarian Crown. 

Art. 9. Without prejudice to the provision of Article 59 of Law 30 
of 1868,^ no person shall be a member of the Table of Magnates who 
does not satisfy the provisions of Article 1 of Law 44 of 1868, accord- 
ing to which Magyar is the only language of legislation. 

Art. 10. Members of the Table of Magnates shall lose their mem- 
bership in the following cases : 

a. A member by virtue of his high rank or office, when he ceases 
to hold such office or position, because of voluntary resignation or 
of legal disciplinary or judicial proceedings. 

h. A life member, when his resignation is accepted by His Maj- 
esty, upon the proposal of the Council of Ministers. 

c. A member elected by the Diet of Croatia-Slavonia, when his 
term of election expires. 

> The law which permits the members from Croatia-Slavonia to use their own language 
in the Hungarian Diet. 



AUSTKIA-HUNGARY : HUNGARY. 41 

d. Any member, without reference to the legal basis of his mem- 
bership, who may be condemned by the regular courts to prison or 
to imprisonment at hard labor, or for a crime or misdemeanor com- 
mitted for the purpose of gain, or who has lost his citizenship. 
Art. 11. The right is not lost but its exercise is suspended : 

a. During the time for which a member has been condemned by 
the regular courts to a suspension of political rights on account of 
a crime or misdemeanor not coming within Article 10, Clause d. 

b. During the period of bankruptcy of those who become bank- 
rupt. 

c. During the continuance of guardianship of those who have 
been placed under guardianship, except in cases of guardianship be- 
cause of prodigality or absence. 

d. For hereditary members, during the session in the course of 
which it is decided, in accordance with Article 19 of this law, that 
they have lost the property qualification of membership. 

Art. 12. When a person, who is a member of the Table of Mag- 
nates by virtue of Article 4, Section A or Section B, Clauses a and 
6, or of Article 5, is elected a representative and accepts such elec- 
tion, he shall cease to be a member of the Table of Magnates ; but as 
soon as the office of a representative is ended, those mentioned in 
Article 4, Section B, Clauses a and 6, shall at once regain their 
membership in the Table of Magnates and may exercise it in the 
next session. The other members of the Table of Magnates men- 
tioned in this paragraph may recover their membership in accord- 
ance with Articles 4 and 5. 

Should the ecclesiastical and lay dignitaries mentioned in Article 
4, Section B, Clause <?, be elected as representatives and accept 
such election, the senior one of their colleagues who is not already 
a member of the Upper House shall take the place and hold it, 
while he lives and fills the office, even though the person, whose 
place he occupies, ceases to be a representative. 

Should a hereditary member of the Table of Magnates be elected 
a representative and accejit such election, he shall not exercise his 
rights of membership in the Table of Magnates during the term of 
his office as representative, and should he resign the office of repre- 
sentative during the course of a session, his membership in the Table 
of Magnates does not revive until the following session. 

Every member of the Table of Magnates who is elected a repre- 
sentative is bound, after the verification of his election, to inform 
the president of the Table of Magnates whether or not he has ac- 
cepted such election; the president shall bring this information to 
the knowledge of the House. 

88381—19 i 



BELGIUM. 

The Protocol of 21 June 1814 ^ united Belgium with Holland, and 
the Constitutional Law of the Netherlands, promulgated on 27 August 
1815,* was therefore common to the two countries until the Belgian 
Kevolution of 25 August 1830. A National Congress of Belgians 
was convened on 10 November 1830, but even before it met, the pro- 
visional government of Brussels, by decrees of 6, 7, 8, 9 and 14 
October 1830, named a committee of twelve to prepare an outline 
of a Constitution. This committee declared itself in favor of the 
adoption of a constitutional monarchy as the form of government. 
The National Congress proclaimed the independence of Belgium on 
18 November,? and adopted the monarchial form of government and 
the bicameral system of representation on 22 November. The Con- 
stitution was drafted on the basis of the outline adopted by the com- 
mittee of twelve and was passed in its entirety on 7 February 1831, 
which is the date officially given to it, although it was not promul- 
gated until 11 February.* Leopold of Saxe-Coburg became King 
in June of the same year. The Belgian Constitution of 1831 re- 
mained unaltered for over 60 years, and proposals for its revision 
were rejected by large majorities in 1871, 1883 and 1887. 

In 1892, however, the three powers of the State united in asking 
for the revision of 13 articles of the constitution, the special object 
of the reform being the electoral system of the two houses. New 
houses were elected on 14 June following, in conformity with Article 
131 of the Constitution. A series of decrees, all dated 7 September 
1893, promulgated the text of the revised articles.*^ 

In accordance with a treaty signed at Brussels on 28 November 
1907,^ the administration of Congo Free State was taken over by 
Belgium, and, by a royal decree of 4 November 1908, 15 November 
was fixed as the date for the actual assumption of the exercise of the 
sovereign rights. On 18 October 1908^ a separate Constitutional 
Law for the Congo was sanctioned by the King.® 

^Sfgned at Vienna on 14 June and approved at Paris on 21 June. French text in 
Mabtbns^ Nouveau Recueil, supp., 1 : p. 380 ; English translation in Hebtslet, Map of 
Europe hy Treaty, vol. i (London, 1875), p. 40. 

« French text in British and Foreign State Papers, 3 : pp. 16-43, with Proclamation on 
pages 43—45. 

•French text of the Proclamation in British and Foreign State Papers, 17: p. 1241. 

* French text of the Proclamation in British and Foreign State Papers, 18 : p. 1052. 

* French text of the decrees, each of which contains one revised article, in British and 
Foreign State Papers, 85 : pp. 783-788. 

•French text In British and Foreign State Papers, 100: pp. 705-706. 

* French text of the Law of 18 October 1908 in British and Foreign State Papers, 101 : 
pp. 733-742, and F. R. Dabestb et P. Dareste^ Les Constitutions modemes (Paris, 1910), 
vol. I, pp. 98-104. 

•These introductory paragraphs are based on Dareste, op cit., pp. 73 and 96-97. 

43 



44 CONSTITUTIONS OF THE STATES AT WAR. 

CONSTITUTION OF 7 FEBSTJABY 1831, WITH AMENDMENTS OF 7 

SEPTEMBE& 1893.' 

Title I. — The Tekbitory and Its Divisions. 

Article 1.^ Belgium is divided into provinces. 

These provinces are: Antwerp, Brabant, West Flanders, East 
Flanders, Hainaut, Lifege, Limbourg, Luxembourg, Namur. 

If there should be occasion for it, the territory may be divided by 
law into a greater number of provinces. 

The colonies, possessions beyond the sea, or protectorates which 
Belgium may acquire shall be governed by special laws. The Bel- 
gian forces required for their defense shall be recruited only by vol- 
untary enlistment. 

Art. 2. Subdivisions of the provinces shall not be made except 
by law. 

Art. 3. The boundaries of the State, of the provinces and of the 
communes shall not be changed or rectified except by law. 

Title II. — ^Belgian Citizens and Their Rights. 

Art. 4. Belgian nationality is acquired, retained and lost accord- 
ing to regulations established by the civil law. 

The present Constitution and the. other laws relating to political 
rights determine what other conditions are necessary for the exercise 
of these rights. 

Art. 5. Naturalization is granted by the legislative power. 

Full naturalization alone admits foreigners to equality with Bel- 
gians in the exercise of political rights.^ 

Art. 6. There shall be no distinction of classes in the State. 

All Belgians are equal before the law ; they alone are admissible to 
civil and military offices, with such exceptions as may be established 
by law for particular cases. 

Art. 7. Individual liberty is guaranteed. 

No one may be prosecuted except in cases provided for by law and 
in the form therein prescribed. 

* Translation based upon W. F. Dodd, Modem Constitutions (Chicago, 1909), vol. i, pp. 
126-148, which is based In part on the translation of J. M. Vincent and A. S. Vincent 
in the Supplement to the Annals of the Amencan Academy of Political and Soci^ 
Sdcnc^es, May, 1896 (Philadelphia, 1896), pp. 309-333. English translation (by Francis 
B. Lee) of the Constitution of 1831 without the amendments of 1893 appears in Foreign 
Constitutions [T/te Convention Manual of the Sixth yew York State Constitutional 
Convention, lS9k, part 2, vol. 3] (Albany, 1894), pp. 35-o4. French translation in 
Darbste^ op. dt., pp. 74-95, and Paul Posener, Die Staatsverfassungen des ErdbaUa 
(Charlottenburg, 1909), pp. 2-16. 

* As amended 7 September 1893. The boundaries of the Kingdom of Belgium were 
definitively fixed by the treaty of 19 April 1839. The provision regarding colonies was 
introduced in 1898 to give the government power to administer the Congo Free State 
when it should become a Belgian possession. 

* Laws of 6 August 1881 and 25 March 1894. 



BBLGIUIC. 45 

Except when one is taken in the commission of an offense no one 
may be arrested without a warrant issued by a magistrate, which 
ought to be shown at the time of arrest, or at the latest within 24 
hours thereafter.^ 

Art. 8. No person shall be removed against his will from the juris- 
diction of the judge to whom the law assigns him. 

Akt. 9. No penalty shall be established or enforced except by virtue 
of a law. 

Art. 10. The private domicile is inviolable ; no search of premises 
shall take place except in the cases provided for by law and according 
to the form therein prescribed. 

Art. 11. No one may be deprived of his property except for a pub- 
lic purpose and according to the forms established by law, and in 
consideration of a just compensation previously determined. 

Art. 12. Punishment by confiscation of property shall not be estab- 
lished. 

Art. 13. Total deprivation of civil rights {mort civile) is abol- 
ished and shall not be reestablished.^ 

Art. 14. Religious liberty and the freedom of public worship, as 
well as free expression of opinion in all matters, are guaranteed, with 
the reservation of power to suppress offenses committed in the use 
of these liberties. 

Art. 15. No one shall be compelled to join in any manner what- 
ever in the forms or ceremonies of any religious denomination, nor 
to observe its days of rest. 

Art. 16. The State shall not interfere either in the appointment 
or in the installation of the ministers of any religious denomination 
whatever, nor shall it forbid them to correspond with their superiors 
or to publish their proceedings, subject, in the latter case, to the ordi* 
nary responsibility of the press and of publication. 

Civil marriage shall always precede the religious ceremony, except 
in cases to be established by law if found necessary. 

Art. 17. Private instruction shall not be restricted; all measures 
interfering with it are forbidden; the repression of offenses shall be 
be regulated by law. 

Public instruction given at the expense of the State shall likewise 
be regulated by law." 

Art. 18. The press is free; no censorship shall ever be established; 
no security shall be exacted of writers, publishers, or printers.* 

^ Law of 20 April 1874, amended 30 May 1889. 

* La mort civile is abolished as a pnnlsbment by itself. The condition follows as a sec- 
ondary consequence of condemnation to death, hard labor, or transportation for life. 

* Laws of 20 September 1884 and 15 September 1805 on primary instraction ; Law of 
1 June 1850 on secondary education, amended 15 June 1881 ; Laws of 27 September 1835 
and 15 July 1840 on higher education ; and Laws of 10 April 1890 and 3 July 1891 on the 
conferring of academic degrees. 

* See also Articles 96 and 98 which relate to trials of offenses of the press. 



46 CONSTITUTIONS ^F THE STATES AT WAB. 

. Ii^ case the writer is known and is a resident of Belgium, the pub- 
lisher, printer, or distributor shall not be prosecuted. 

Art, 19. Belgians have the right, without previous authorization, 
to assemble peaceably and without arms, conforming themselves to 
the laws which regulate the exercise of this right. 

This provision does not apply to assemblies in the open air, which 
remain entirely under the police laws. 

Art. 20. Belgians have the right of association; this right shall 
not be restricted by any preventive measure. 

Art. 21. Anyone has the right to address petitions to the public 
authorities, signed by one or more persons. 

Legally organized bodies alone have the right to petition under a 
collective name. 

Art. 22. The privacy of correspondence is inviolable. The law 
shall determine who are the agents responsible for the violation of 
the secrecy of letters entrusted to the post. 

Art. 23. The use of the languages spoken in Belgium is optional. 
This matter may be regulated only by law and only for acts of public 
authority and for judicial proceedings.^ 

Art. 24. No previous authorization is necessary to bring action 
against public officials for the acts of their administration, except 
as provided for ministers.^ 

Title III. — Concerning Power. 

Art. 25. All powers emanate from the people. 

They shall be exercised in the manner established by the Con- 
stitution. 

Art. 26. The legislative power shall be exercised collectively by 
the King, the House of Representatives and the Senate. 

Art. 27. Each of the three branches of the legislative power shall 
have the right of initiative. 

Nevertheless, all laws relating to the revenues or expenditures of 
the State or to the army contingent must be voted first by the House 
of Representatives. 

Art. 28. The authoritative interpretation of the laws shall belong 
only to the legislative power. 

Art. 29. The executive power is vested in the King, subject to the 
regulations of the Constitution. 

Art. 30. The judicial power shall be exercised by the courts and 
the tribunals. 

Decrees and judgments shall be executed in the name of the King. 

^LawB and royal decrees are published in French in the MorUieur; the French text Is 
the only official text. Flemish may be used in some official documents (see Dabbsts. 
op. pit .J p. 77, note 1). 

> See below. Articles 68. 90 and 134. 



BELGIUM. 47 

Art. 31. Exclusively communal or provincial affairs shall be regu- 
lated by the communal or provincial councils, according to the 
principles established by the Constitution. 

CHAPTER I. — ^THE HOUSES. 

Art. 32. The members of the two houses shall represent the nation, 
and not the province alone, nor the subdivision of the province which 
elected them. 

Art. 33. The sessions of the houses shall lye public. 

Xevertheless each house may resolve itself into a secret committee 
upon the demand of its president or of 10 members. 

It shall then decide by vote of an absolute majority whether the 
session shall be resumed in public upon the same subject. 

Art. 34. Each house shall judge of the qualifications of its own 
members, and shall decide all contests which arise upon that subject. 

Art. 35. No person shall at the same time be a member of both 
houses. 

Art. 36. Any member of either of the two houses, who shall be 
appointed by the government to any other salaried office except that 
of minister, and who accepts the same, shall vacate his seat imme- 
diately, and may resume his duties only by virtue of a new election.^ 

Art. 37. At each session, each of the houses shall elect its presi- 
dent, its vice president, and shall form its bureau.* 

Art. 38. An absolute majority of the votes shall be necessary to 
pass any resolution except as otherwise established by the rules of 
the houses in regard to elections and nominations.' 

In case of an equal division of votes, the proposition imder con- 
sideration is rejected. 

Neither of the two houses shall pass a resolution unless a majority 
of its members are present. 

Art. 39. The votes shall be viva voce or by rising and sitting ; the 
vote on a law as a whole shall always be by roll call and viva voce. 
The election and nomination of candidates shall be by secret ballot. 

Art. 40. Each house has the right to investigate the conduct of 
public affairs.* 

Art. 41. A proposed law shall not be passed by either of the 
houses unless it has been voted upon article by article. 

Art. 42. The houses have the right to amend and to divide the 
articles and amendments proposed. 

* Ag amended 7 September 1893. B^ the original article mlnlBters were also required to 
geek reelection. The principle laid down in this article is developed in Articles 238 and 
239 of the Electoral Law (1804). 

* The term ** bureau " is used to refer to all other officers of the lesislatWe body, e. g., 
secretaries, etc. 

* For questions requiring a two-thirds vote, see Articles 61, 62 and 131. 

*Law of 3 May 1880 to regulate the form of parliamentary investigations. 



48 CONSTITUTIONS OF THE STATES AT WAR. 

Abt. 43. To present petitions in person to the houses is forbidden. 

Each house has the right to send to the ministers the petitions 
which are addressed to it. The ministers are obliged to give ex- 
planations upon the contents of such petitions whenever the house 
demands. 

Art. 44. No member of either house shall be arrested or prose- 
cuted on account of opinions expressed or votes cast by him in the 
performance of his duties. 

Art. 45. No member of either house shall during the continuance 
of the session be prosecuted or imprisoned after trial, except by the 
authority of the house of which he is a member, unless he be ap- 
prehended in the commission of an offense. 

No member of either house shall be arrested during the session, 
except by the same authority. 

The detention or the prosecution of a member of either house shall 
be suspended during the session and for the entire term, if the house 
so demands. 

Art. 46. Each house shall determine by its own rules the manner 
in which it is to exercise its powers.^ 

SECTION 1. — ^THE HOUSE OF REPRESENTATIVES. 

Art. 47.^ The members of the House of Representatives shall be 
chosen by direct election under the following regulations : 

One vote is allotted to citizens who have reached the age of 25 
years, resident for at least one year in the same commune, and who 
are not otherwise excluded by law. 

One additional vote is allotted in consideration of any one of the 
following conditions : 

1. Having reached the age of 35 years, being married or a 
widower with legitimate offspring, and paying to the State a tax 
of not less than 5 francs as a householder, unless exempt on account 
of his profession. 

2. Having reached the age of 25 years and being the owner either 
of real estate of the value of at least 2,000 francs, said value to be 
rated on the basis of the cadastral assessment, or possessing income 
from land corresponding to such valuation, or being inscribed in the 
great book of the public debt, or possessing obligations of the 
Belgian government savings bank bearing at least 100 francs interest. 

These inscriptions and bank books must have belonged to the 
holder for at least two years. 

^ See F. MOREAU et J. Delpbch, Lea Rifflemenig des Assemblieg Uffialativ€8, vol. i 
(Paris, 1906), pp. 617 and 637. 

* As amended 7 September 1893. Elections of representatives are regulated by Laws of 
12 April and 28 June 1894, a» modified by Laws of 11 June 1896, 31 March 1898. 29 
December 1899, and 18 April 1902. Proportional representation was introduced by the 
Law of 29 December 1899. 



BELGIUM. 49 

The property of the wife is counted with that of the husband; 
that of minor children with that of the father. 

Two additional votes are allotted to citizens who have reached the 
age of 25 years and who fulfill the following conditions : 

a. Holding a diploma from an institution of higher instruction, 
or an indorsed certificate showing the completion of a course of sec- 
ondary education of the higher degree, without distinction between 
public or private institutions. 

6. Filling or having filled a public office, holding or having held 
a position, practicing or having practiced a private profession which 
presupposes that the holder possesses at least the knowledge im- 
parted in secondary instruction of the higher degree. These offices, 
positions, and professions, likewise the time during which they must 
have been held or practiced, shall be determined by law. 

No one shall have more than three votes. 

Art. 48.^ The constitution of the electoral colleges shall be regu- 
lated by law for each province. 

Voting is obligatory ; it shall take place in the commune, when not 
otherwise determined by law. 

Art. 49. The number of representatives shall be determined by 
law, according to the population; this number shall not exceed the 
proportion of one representative for 40,000 inhabitants. The qualifi- 
cations of an elector and the process of election shall also be deter- 
mined by law. 

Art. 50. To be eligible it is necessary : 

1. To be a Belgian citizen by birth, or to have received full 
naturalization. 

2. To enjoy civil and political rights. 

3. To have reached the age of 25 years. 

4. To be a resident of Belgium. 

No other condition of eligibility shall be required. 

Art. 51.* The members of the House of Representatives shall be 
elected for a term of four years; one half being elected every two 
years, in the order determined by the electoral law. 

In case of dissolution, the House shall be entirely renewed. 

Art. 52. Each member of the House of Representatives shall 
receive an annual compensation of 4,000 francs. 

He shall have, in addition, the right of free transportation upon all 
State and concessionary railways from the place of his residence to 
the city where the session is held. 



» As amended 7 September 1893. The obligation of voting Is sanctioned by Article 223 
of the Electoral Code. In the legislative elections of 1900, the proportion of abeentees 
averaged 6 per cent. 

2 As amended 7 September 1893. 



50 CONSTITUTIONS OF THE STATES AT WAR. 

SECTION II. — THE SENATE. 

Art. 53.^ The Senate shall be composed : 

1. Of members elected according to the population of each prov- 
ince, conformably to Article 47 ; though the law may require that the 
electors shall have reached the age of 30 years. The provisions of 
Article 48 are applicable to the election of senators. 

2. Of members elected by the provincial councils, to the number 
of two for each province having less than 500,000 inhabitants, of 
three for each province having from 500,000 to 1,000,000 inhabitants, 
and of four for each province having more than 1,000,000 in- 
habitants. 

Art. 54.^ The number of senators to be elected directly by the 
voters shall be equal to one half the number of members of the House 
of Representatives. 

Art. 55. Senators shall be elected for a term of eight years; one 
half being elected every four years in the order determined by the 
electoral law. 

In case of dissolution, the Senate shall be entirely renewed. 

Art. 56.^ In order to be elected and to remain a senator, it shall be 
necessary : 

1. To be a Belgian citizen by birth, or to have received full natu- 
ralization. 

2. To enjoy civil and political rights. 

3. To be a resident of Belgium. 

4. To be at least 40 years of age. 

5. To pay into the treasury of the State at least 1,200 francs of 
direct taxes, including licenses. 

Or to be either the proprietor or the usufructuary of real estate 
situated in Belgium, the assessed income of which amounts to at 
least 12,000 francs. 

In the provinces where the number of those eligible does not reach 
the proportion of one for every 5,000 inhabitants, the list shall be 
completed by the addition of as many of the highest taxpayers of 
the province as may be necessary to make this proportion. The citi- 
zens on this supplementary list are eligible only in the province where 
they reside. 

Art. 56 bis.* The senators elected by the provincial councils shall 
be exempt from all property qualification ; they shall not be members 



^As amended 7 September 1893. The election of senators by the provincial councils is 
an innovation of the reform of 1893. According to the electoral lists for 1906-1907, the 
number of senatorial electors was 1,356,542, and that of the supplementary votes was 
887,250. 

>As amended 7 September 189.3. The Law of 18 April 1902 raised the number of 
senators directly elected by the electoral body to 83 and of those elected by the provincial 
councils to 27. 

* As amended 7 September 1893. 

* Added 7 September 1893. 



BELGIUM. 51 

of tie assembly which elects them, nor have been members of it 
during the year of the election nor during the two preceding years. 

Art. 57. Senators shall receive neither salary nor emolument. 

Art. 58.^ The sons of the King, or if there be none, the Belgian 
princes of the branch of the royal family designated to succeed to the 
throne, shall be by right senators at the age of 18 years. They shall 
have no deliberate vote until the age of 25. 

Art. 59. Every meeting of the Senate which may be held at any 
other time than during the session of the House of Representatives 
shall be null and void. 

chapter II. — THE KING AND THE MINISTERS. 
SECTION I. — ^THE KING. 

Art. 60.2 'jj^^ constitutional powers of the King are hereditary in 
the direct descendants, natural and legitimate, of His Majesty Leopold 
George Christian Frederick of Saxe-Coburg, from male to male, in 
the order of primogeniture, and to the perpetual exclusion of females 
and of their descendants. 

The prince who shall marry without the consent of the King, or 
of those who in his absence exercise his authority as provided by the 
Constitution, shall forfeit his rights to the crown. 

Nevertheless, with the consent of the two houses, he may be re- 
lieved of this forfeiture by the King or by those who, in his absence, 
exercise his authority according to the Constitution. 

Art. 61.* In default of male descendants of His Majesty Leopold 
George Christian Frederick of Saxe-Coburg, the King may name his 
successor, with the consent of the houses expressed in the manner 
prescribed by the following article. 

If no nomination has been made after the manner described below, 
the throne will be vacant. 

Art. 62. The King shall not at the same time be the head of another 
State, without the consent of the two houses.* 

Neither of the houses shall deliberate upon this matter unless two 
thirds, at least, of the members who compose it are present, and the 
resolution must be adopted by at least two thirds of the votes cast. 

Art. 63. The person of the King is inviolable; his ministers are 
responsible. 

Art. 64. No decree of the King shall take effect unless it is coun- 
tersigned by a minister, who, by that act alone, renders himself 
responsible for it. 

^As amended 7 September, 1893. 

^PaiagraphB 2 and 8 were added 7 September 1898. 

* Aa amended 7 September 1893. Only the form of this article was changed. 

* King Leopold II was authorized by the House of Representatives (28 April 1885) and 
the Senate (80 April 1885) to be the sovereign of the Congo Free State. 



52 CONSTITUTIONS OF THE STATES AT WAB. 

Abt. 65. The King appoints and dismisses his ministers. 

Art. 66. He confers the grades in the army.* 

He appoints the officers of the general administration and for 
foreign relations, except as otherwise established by law. 

He appoints other governmental officials only by virtue of an ex- 
press provision of law. 

Art. 67. He shall issue all regulations and decrees necessary for 
the execution of the laws, without power to suspend the laws them- 
selves, or to dispense with their execution. 

Art. 68. The King commands the forces both by land and sea, 
declares war, makes treaties of peace, of alliance and of commerce. 
He shall give information to the two houses of these acts as soon as 
the interests and safety of the State permit, adding thereto suitable 
comments. 

Treaties of commerce, and treaties which may burden the State, 
or bind Belgians individually, shall take effect only after having 
received the approval of the two houses. 

No cession, exchange, or addition of territory shall take place 
except by virtue of a law. In no case shall the secret articles of a 
treaty be destructive of those openly expressed. . 

Art. 69. The King approves and promulgates the laws.^ 

Art. 70. The houses shall assemble each year, the second Tuesday 
in November, unless they shall have been previously summoned by 
the King. 

The houses shall remain in session at least 40 days each year. 

The King pronounces the closing of the session. 

The King shall have the right to convene the houses in extraordi- 
nary session. 

Art. 71. The King shall have the right to dissolve the houses 
either simultaneously or separately. The act of dissolution shall 
order a new election within 40 days, and summon the houses within 
two months. 

Art. 72. The King may adjourn the houses. In no case shall 
the adjournment exceed the term of one month, nor shall it be re- 
newed in the same session, without the consent of the houses. 

Art. 73. He shall have the right to remit or reduce the penalties 
pronounced by the judges of courts, except such as are fixed by law 
in the case of ministers. 

Art. 74. He shall have the right to coin money, in accordance with 
the law. 

Art. 75. He sliall have the right to confer titles of nobility, but 
without the power of attaching to them any privilege. 

^The rules for military advancement are contained in the Laws of 16 June 1836. See 
below, Article 124. 
>Law of 18 April 1808. 



BELGIUM. 53 

Abt, 76. He may confer military orders in accordance with the 
provisions of the law. 

Art. 77. The civil list shall be fixed by law for the duration of 
each reign.^ 

Art. 78. The King shall have no other powers than those which 
the Constitution and the special laws, enacted under the Constitution, 
formally confer upon him. 

Art. 79. At the death of the King the houses shall assemble with- 
out a summons, at the latest on the tenth day after his decease. If 
the houses shall have been previously dissolved, and if in the act of 
dissolution the reassembling had been fixed for a day later than the 
tenth day, the former members shall resume their duties until the 
assembling of those who should replace them. 

If only one house shall have been dissolved, the same rule shall 
be followed with regard to that house. 

From the date of the death of the King and until the takii),g of 
the oath by his successor to the throne, or by the agent, the consti- 
tutional powers of the King shall be exercised, in the name of the 
Belgian people, by the ministers united in council, and upon their 
responsibility. 

Art. 80. The King is of age when he shall have completed the age 
of 18 years. 

He shall not take possession of the throne until he shall have sol- 
emnly taken, before the united houses, the following oath : 

I swear to observe the Constitution and the laws of the Belgian people, to 
maintain the national independence and the integrity of the territory. 

Akt. 81. If, at the death of the King, his successor is a minor, the 
two houses shall unite in one assembly, for the purpose of providing 
for the regency and guardianship. 

Art. 82. If the King becomes incapacitated to reign, the ministers, 
after having ascertained this incapacity, shall immediately convene 
the houses. The houses shall provide for the regency and guardian- 
ship. 

Art. 83. The regency shall be conferred upon only one person. 

The regent shall enter upon his duties only after having taken the 
oath prescribed by Article 80. 

Art. 84. No change in the Constitution shall be made during a 
regency. 

Art. 85. In case there is a vacancy of the throne, the houses delib- 
erating together shall arrange provisionally for the regency, until 
the first meeting of the houses after they have been wholly renewed. 

1 The civil list of the present King, Albert, was fixed by law of 30 December 1909 at 
8,300,000 francs. 



64 CONSTITUTIONS OF THE STATES AT WAR. 

That meeting shall take place at the latest within, two months.- The 
new houses deliberating together shall provide definitely for the 
vacancy. 

SECTION II. — THE MINISTERS. 

Art. 86.- No person shall be a minister unless he is a Belgian by 
birth, or has received full naturalization. 

Art. 87. No member of the royal family shall be a minister. 

Art. 88. Ministers shall have no deliberative vote in either house 
unless they are members of it. 

They shall have admission to either house, and are entitled to be 
heard when they so request. 

The houses shall have the right to demand the presence of 
ministers. 

Art. 89. In no case shall the verbal or written order of the King 
relieve a minister of responsibility. 

Art. 90. The House of Eepresentatives shall have the right to ac- 
cuse ministers and to arraign them before the Court of Cassation, 
which, sitting in full bench, alone shall have the right to judge them, 
except in such matters as shall be established by law respecting a civil 
suit by an aggrieved party and respecting crimes and misdemeanors 
committed by ministers when not in the performance of their official 
duties. 

The law shall determine the responsibility of ministers, the pen- 
alties to be imposed upon them, and the method of proceeding against 
them, whether upon accusation made by the House of Representatives 
or upon prosecution by the aggrieved parties.^ 

Art. 91. The King shall not have power to grant pardon to a min- 
ister sentenced by the Court of Cassation except upon request of one 
of the two houses. 

CHAPTER III. — THE JUDICIAL POWER. 

Art. 92, Actions which involve questions of civil right belong ex- 
clusively to the jurisdiction of the courts. 

Art. 93. Actions which involve questions of political rights belong 
to the jurisdiction of the courts, except as otherwise determined by 
law. 

Art. 94. No tribunal nor contentious jurisdiction shall be estab- 
lished except by virtue of a law.* No commissions or extraordinary 
tribunals under any title whatever shall be established. 

Art. 95. There shall be a Court of Cassation for the whole of Bel- 
gium." 

^See below. Article 134. 

* Law of 18 June 1869 on the organisation of the Judiciary, amended 1 April 1S79. 
*The composition of the Court of Cassation is governed by the Law of 18 June 1869. 
Its principal attributions are fixed by the Laws of 7 July 1865 and 25 March 1876. 



BELGnJM. 55 

This court shall not consider questions of fact except in the trial 
of ministers. 

Art. 96. The sessions of the courts shall be public, unless this pub- 
licity is declared by a judgment of the court to be dangerous to 
public order or morals. 

In cases of political offenses and offenses of the press closed doors 
shall be enforced only by a unanimous vote of the court. 

Art. 97. Every judgment shall be pronounced in open court, and 
the reasons therefor stated. 

Art. 98. The right of trial by jury shall be established in all 
criminal cases and for all political offenses and offenses of the press. 

Art. 99. The justices of the peace and the judges of courts shall be 
appointed directly by the King. 

The members of the courts of appeal and the presidents and vice 
presidents of the courts of original jurisdiction shall be appointed 
by the King from two double lists, presented the one by these courts 
and the other by the provincial councils. 

The members of the Court of Cassation shall be appointed by the 
King from two double lists presented one by the Senate and one by 
the Court of Cassation. 

In both cases the candidates named upon one list may be named 
also upon the other. 

All the names shall be published at least 15 days belDre the ap- 
pointment. 

The courts shall choose their presidents and vice presidents from 
among their own number. 

Art. 100. Judges shall be appointed for life. 

No judge shall be deprived of his office or suspended until after 
trial and judgment. 

The removal of a judge from one place to another shall take place 
only by means of a new appointment and with his consent. 

Art. 101. The King appoints and removes the State officials serv- 
ing in the courts and tribunals. 

Art. 102. The salaries of the members of the judiciary shall be 
fixed by law. 

Art. 103. No judge shall accept from the government any salaried 
office, unless he perform the duties thereof gratuitously, and not then 
if it is contrary to the law of incompatibility.^ 

Art. 104. There shall be three courts of appeal in Belgium. 

Their jurisdiction and the places where they shall be held shall be 
determined by law. 

Art. 105. Special laws shall govern the organization of military 
tribunals, their powers, the rights and obligations of the members 
of these tribunals and the duration of their functions.* 

^LawB of 26 May 1848 and 18 June 1869. >Law of 15 June 1909. 



56 CONSTITUTIONS OF THE STATES AT WAR. 

There shall be commercial courts in places which shall be desig- 
nated by law. Their organization, powers, the method of appoint- 
ment of their members, and the duration of their term of oflice shall 
also be determined by law. 

Art. 106. The Court of Cassation shall decide conflicts of juris- 
diction, according to the method prescribed by law. 

Art. 107. The courts and tribunals shall enforce executive decrees 
and ordinances, whether general, provincial, or local, only so far as 
they shall conform to the laws. 

CHAPTER IV. — PROVINCIAL AND COMMUNAL INSTITUTIONS. 

Art. 108. Provincial and communal institutions shall be regulated 
by law. 
The law shall establish the application of the following principles : 

1. Direct election, except in the cases which may be established 
by law with regard to the chiefs of the communal administration and 
government commissioners acting in the provincial councils. 

2. The relegation to provincial and communal councils of all 
provincial and communal affairs, without prejudice to the approval 
of their acts in the cases and according to the procedure determined 
by law. 

3. The publicity of the sittings of the provincial and communal 
coimcils within the limits established by law. 

4. The publicity of budgets and of accounts. 

5. The intervention of the King or of the legisaltive power to 
prevent provincial and communal councils from exceeding their 
powers and from acting against the general welfare. 

Art. 109. The keeping of the civil register is exclusively the duty 
of the communal authorities. 

Title IV. — Finances. 

Art. 110. No tax for the benefit of the State shall be imposed ex- 
cept by law. 

No provincial charge or tax shall be imposed without the consent 
of the provincial council. 

No communal charge or tax shall be imposed without the consent 
of the communal council. 

The law shall determine the exceptions which experience shall 
show to be necessary in regard to provincial and communal taxes. 

Art. 111. Taxes for the benefit of the State shall be voted an- 
nually. 

The laws which impose such taxes shall remain in force for one 
year only unless they are reenacted. 



BELGIUM. 57 

Art. 112. No privilege shall be established with regard to taxes. 

No exemption or abatement of taxes shall be established except 
by law. 

Art. 113. Beyond the cases expressly excepted by law, no pay- 
ment shall be exacted of any citizen other than taxes levied for the 
benefit of the State, of the province, or of the commune. No change 
shall be made in the existing system of polders ^ and wateringen ^ 
which remain subject to ordinary legislation. 

Art. 114. No pension or gratuity shall be paid out of the public, 
treasury without the authority of law. 

Art. 115. Each year the houses shall enact the law of accounts 
and vote the budget. 

All the receipts and expenditures of the State shall be contained in 
the budget and in the accounts. 

Art. 116. The members of the Court of Accounts shall be ap- 
pointed by the House of Representatives, and for a term fixed by law. 

This court shall be entrusted with the examination and settlem3nt 
of the accounts of the general administration and of all persons ac- 
countable to the public treasury. It shall see that no item of the ex- 
penditures of the budget is overdrawn and that no transfer takes 
place. It shall audit the accounts of the different administrativl^ 
organs of the State, and shall gather for this purpose all information 
and all necessary vouchers* The general accounts of the State shall 
be submitted to the House with the comments of the Court of Ac- 
counts. 

This court shall be organized by a law.* 

Art. 117. The salaries and pensions of the ministers of religion 
shall be paid by the State ; the sums necessary to meet this expendi- 
ture shall be entered annually in the budget.* 

Title V. — The Public Force. 

Art. 118. The method of recruiting the army shall be determined 
by law. The laws shall also regulate the promotion, the rights and 
the duties of soldiers.* 

> Polders are lands reclaimed from the sea by dikes. Tbe owners of these lands are 
grouped into associations for the maintenance of the dikes and are required by law to 
bear the expense of such maintenance. 

' Wateringen are associations formed for the purpose of irrigating and draining lands 
reclaimed from the sea. They have power to raise funds by taxing the lands affected 
by such improvements. 

■I^w of 29 October 1846. 

♦This clause is interpreted to apply only to the denominations recognized by law in 
Belgium in 1830 ; these are the Catholic, Protestant Evangelical, Anglican and Jewish ; 
almost tbe whole of the Belgian population is Catholic. No minister is entitled to a 
salary (1) if he must receive license from a person practicing a profesBlon without legal 
authorization, (2) if, being a foreigner, he performs the ministerial fnnctionB without the 
permission of the government. 

^The organization of the Belgian army is governed by the Laws of 5 April 1868. % 
June 1870, 16 August 1873 and 21 March 1902. 

88381—19 5 



58 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 119. The army contingent shall be voted annually. The 
law which fixes it shall remain in force for one year only, unless re- 
enacted. 

Art. 120. The organization and the attributions of the armed police 
shall be regulated by a law.^ 

Art. 121. No foreign troops shall be admitted into the service of 
the State, to occupy or to cross its territory except by virtue of a law. 

Art. 122. There shall be a citizen militia, the organization of 
which shall be regulated by law.- 

The oflScers of all grades, at least as high as that of captain, shall 
be chosen by the militia, with such exceptions as may be judged 
necessary for accountants. 

Art. 123. The militia shall not be brought into active service ex 
cept by virtue of a law. 

Art. 124. Soldiers shall not be deprived of their grades, honors, or 
pe:.sions except in the manner prescribed b}^ law.* 

Title VI. — ^General Provisions. 

Art. 125. The Belgian nation adopts for its colors, red, yellow 
and black, and for the coat of arms of the Kingdom, the Belgian 
lion, with the motto, " Union Gives Strength." 

Art. 126. The city of Brussels is the capital of Belgium and the 
seat of govei^nment. 

Art. 127. No oath shall be imposed except by virtue of law. The 
form of the oath shall also be determined by law. 

Art. 128. Every foreigner within the territory of Belgium shall 
enjoy protection of his person and property, except as otherwise 
established bv law. 

Art. 129. No law, ordinance, or regulation of the general, pro- 
vincial, or communal government shall be obligatory until after 
having been published in the manner prescribed by law.* 

Art. 130. The Constitution shall not be suspended, either in whole 
or in part. 

Title VII. — The Revision of the Constitution. 

Art. 131. The legislative power has the right to declare that a re- 
vision of such constitutional provisions as it shall designate is in 
order. 

After this declaration, the two houses are ipso facto dissolved. 



^ Tbls law does not exist ; the old regulations are still In force. 
* Law of 9 Seiytember 1897. 
■Three Laws of 16 June 1836. 
« See Article 69. 



BSLOIUM. 59 

Two new houses shall then be sununoned, in conformity with 
Article 71. 

These houses, with the approval of the King, shall then act upon 
the points submitted for revision. 

In this case the houses shall not deliberate unless at least two 
thirds of the members of each are present, and no amendment shall 
be adopted unless it is supported by at least two thirds of the votes. 

TrrLE VIII. — Temporary Provisions. 

Art. 132. For the first choice of a head of the State the first pro- 
vision of Article 80 may be neglected. 

Art. 133. Foreigners established in Belgium before 1 January 
1814, and who continue to reside therein, shall be considered Belgians 
by birth, upon condition that they declare their intention to take 
advantage of this provision. 

Such declaration shall be made within six months after this Con- 
stitution goes into effect, if the foreigners are of age, and if they are 
minors, within the year after attaining their majority. 

This declaration shall be made before the provincial authority of 
the province where they reside. 

It shall be made in person or by an agent having a special and 
authentic authorization. 

Art. 134. Until further provision by law, the House of Repre- 
sentatives shall have discretionary power to accuse a minister, and 
the Court of Cassation to try him, find the offense and fix the 
penalty. 

Nevertheless the penalty shall not extend farther than removal 
from office, without prejudice to the cases expressly provided for by 
the penal laws,* 

Art. 135. The personnel of the courts shall be maintained as it 
now exists, until further provision has been made by law. 

Such a law shall be enacted during the first legislative session. 

Art. 136. A law, passed during the first legislative session, shall 
provide for the manner of the first nomination of members of the 
Court of Cassation.^ 

Art. 137. The fundamental law of 24 August 1815 and the pro- 
vincial and local statutes are abolished. However, the provincial 
and local authorities shall retain their powers until a law shall make 
other provision. 

Art. 138. As soon as this Constitution goes into effect, all laws, 
decrees, orders, regulations and other instruments contrary thereto 
are abrogated. 

^ This transitory legislation Is still In force, no organic law having determined the cases 
of ministerial responsibility. 

* Article 99 provides for subsequent appointments. 



60 CONSTITUTIONS OF THE STATES AT WAR. 

SuPPIiEMENTARY PROVISION. 

Art. 139. The National Congress declares that it is necessary to 
provide for the following objects, by separate laws and as soon as 
possible : 

1. The press.^ 

2. The organization of the jury.^ 

3. The finances.* 

4. Provincial and communal organization.* 

5. The responsibility of ministers ^ and of other officers. 

6. The judicial organization." 

7. The revision of the pension list. 

8. Measures proper to prevent the abuse of cumulative office- 
holding. 

9. The revision of the laws of bankruptcy and of suspension. 

10. The organization of the army, the rights of advancement 
and of retirement and the military penal code.^ 

11. The revision of the codes.® 

* Decree of 20 July 1831, amended by the Penal Code In many of its proTisions. 

* Sec above, Article 94. 

3 Law of 15 May 1846 on the compatibility of the State. 
*See above. Article 108, 
s See above» Article 134. 

* See above, Article 94. 

^Military Penal Code of 27 May 1870. See above. Article 118. 

■ Penal Code of 8 June 1867. Code of French Commerce has been revised entirely by 
successive laws, the last of which bears the date of 25 August 1891. Title I of the prelim- 
inary book of the new Code of Civil Procedure was promulgated on 25 March 1876. The 
Law of 17 April 1878 contains the preliminary title of the new Code of Penal Procedure. 
Rural Code of 7 October 1886. 






BRAZIL. 

Until 1815 Brazil was a Portuguese colony. The invasion of Portu- 
gal by Napoleon in 1807 forced the royal family to seek refuge in 
Brazil, which continued for several years to be the seat of government 
of the Kingdom. By decree of 16 December 1815, Brazil ceased to be 
a colony and became an integral part of the " Kingdom of Portugal, 
Brazil and Algarves." The revolution which broke out in Portugal 
in 1821 forced King John VI to return to Lisbon, leaving his son, 
Dom Pedro, as regent. -The sentiment in favor of separation had been 
growing for some time, and when orders were sent to Dom Pedro to 
return to Portugal he declared his intention of remaining in Brazil. 
Brazilian independence was declared, Dom Pedro became Emperor on 
12 October 1822 and an imperial Constitution was promulgated on 
25 March 1824.^ Portugal recognized the independence of Brazil 
in 1825. 

The movement for the establishment of a republic began to gain 
strength after 1870, but was held in check by the popularity of Dom 
Pedro II. In 1889, however, the republicans felt strong enough for 
action. On 15 November of that year a bloodless revolution occurred, 
the Republic of the United States of Brazil was proclaimed, and the 
imperial family was sent to Portugal. The revolution was essentially 
a military movement and for several years Brazil remained under the 
control of a military party. A republican Constitution was adopted 
on 24 February 1891, which established a federal government and 
erected the former Provinces into States. This Constitution is still 
in force and has never been amended.^ 



CONSTITTTTION OF 24 FEBRTJAEY 1891.^ 

[Preamble.] 

We, the representatives of the Brazilian people, assembled in con- 
stitutional convention for the purpose of organizing a free and demo- 

^ English translation by J. C. Branner In Foreign Conatitutiona [The Convention Man- 
ual of the Siwth New York State Constitutional Convention, 189^, part 2, toI. S] (Albany, 
1894), pp. 72-105. 

'These Introductory paragraphs are based upon W. F. Dodd, Modem ConstitutionB 
(Chicago, 1009), vol. I, p 149, and F. R. Dabbste bt P. Darbste, Les Confftitwtions 
modemes (3d edition, Paris, 1910), vol. I. pp. 624-626. 

•Official Portuguese text published in the Diario Official of 25 February 1891. Portu- 
gese text and English translation in parallel columns, followed by a Spanish, translation 
In J. I. RoDUiGFEz, American Constitutions, vol. 1 (Washington, 1906), pp. 134-190. 
French translation In Dabeste, op. oit., pp. 626-655. German translation in Paul 
FosBNEB, Die Staatsverfassungen des Erdballs (Charlottenburg, 1909), pp. 1022-1045. 
English translation in Dodd, op. cit., pp. 150-181 ; British and Foreign State Papers, 
83: pp. 487-510; and Foreign Constitutions (see above, note 1), pp. 113-138. " The 
translation given here is based on the one in Rodriguez. 

61 



62 CONSTITUTIONS OF THE STATES AT WAR. 

cratic government, do hereby establish, decree and promulgate the 
following Constitution for the Eepublic of the United States of 
Brazil. 

Title I. — The Federal Organization. 

PRELIMINARY PROVISIONS. 

Article 1. The Brazilian nation adppts for its government the 
federal republican representative form, as proclaimed on 15 Novem- 
ber 1889, and constitutes itself, by the penpetual and indissoluble 
union of its former provinces, into the United States of Brazil. 

Art. 2. Each of the former provinces shall constitute a State,^ and 
the former neutral municipal district shall form the Federal District,* 
and shall continue to be the capital of the Union until the provisions 
of the following article shall be put into effect. 

Art. 3. A zone of fourteen thousand four hundred square kilo- 
meters, situated in the central plateau of the Republic, which shall 
be hereafter marked off, shall be set apart, as property of the Union, 
and on this site the future federal capital shall be established. 

Sole §. When the transfer of the capital has been effected, the 
present Federal District shall constitute a State. 

Art. 4. The States may become incorporated one with another, 
may subdivide or dismember themselves to annex themselves to others 
or to form new States, if the respective legislative assemblies consent 
thereto in two successive annual sessions, and if the National Con- 
gress gives its approval. 

Art. 5. Each State shall, at its own expense, provide for the needs 
of its own government and administration ; the Union, however, shall 
lend aid to a State which asks for assistance in case of public calamity. 

Art. 6. The federal government shall not interfere in matters per- 
taining peculiarly to the States, save : 

1. To repel foreign invasion, or the invasion of one State by 
another. 

2. To maintain the federal republican form of government. 

3. To reestablish order and tranquillity in the States, upon the 
requisition of their respective governments. 

4. To secure the execution of the federal laws and judgments. 
Art. 7. It is the exclusive prerogative of the Union to decree : 

* See the list of twenty States (not Including the Federal District), p. 66, note under 
Article 28.' SecUon 1. 

3 The District here referred to, embracing 540 square miles on the southeastern coast, 
is still the capital of the Union. 



BRAZIL. 63 

1. Duties on imports from foreign countries. 

2. Entry, clearance, and port dues of vessels; but the coastwise 
trade shall be free to domestic and foreign merchandise which has 
already paid an import duty. 

3. Stamp duties, save the restriction mentioned in Article 9, § 1, 
no. 1. 

4. Federal postal and telegraph taxes. 

§ 1. The Union shall also have exclusive power : 

1. To establish banks of issue. 

2. To create and maintain custom-houses. 

^ 2. Taxes levied by the Union shall be uniform for all the States. 

§ 3. The laws of the Union and the acts and decrees of its authori- 
ties shall be executed throughout the whole country by federal offi- 
cials; but the execution of the federal laws may be entrusted to the 
governments of the States, if they consent thereto. 

Art. 8. The federal government is forbidden to make distinctions 
and preferences in any way whatever in favor of the ports of one 
State as against those of another. 

Art. 9. The States shall have exclusive power to decree taxes : 

1. On the exportation of merchandise produced in their own 
territorv. 

2. On rural and city real estate. 

3. On the transfer of property. 

4. On industries and professions. 

§ 1. The States shall also have the exclusive right to decree : 

1. Stamp taxes affecting acts emanating from their respective 
governments and concerning their internal affairs. 

2. Contributions relating to their postal and telegraph service. 

§ 2. The products of one State are exempted from imposts in any 
other State from which they may be exported. 

§ 3. A State is permitted to levy duties on imports of foreign 
goods only when such goods are intended for consumption within 
its own territory, the proceeds of the duty reverting, however, to the 
federal treasury. 

§ 4. The States have the right to establish telegraph lines between 
different points of their own territories, and between these points and 
those of other States which are not provided with a federal telegraph 
service, the Union reserving the right to acquire such lines when the 
general interest may require it. 

Art. 10. It is prohibited to the States to levy taxes on federal 
property or revenue, or on services in charge of the Union, and vice- 
versa. 



64 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 11. It is forbidden to the States, as well as to the Union : 

1. To impose duties on the products of a State, or of a foreign 
country, when in transit through the territory of another State, or 
going from one State to another, or on the vehicles, whether by land 
or water, by which they are transported. 

2. To establish, subsidize or interfere with the exercise of relig- 
ious worship. 

3. To enact retroactive laws. 

Art. 12. In addition to the sources of revenue set forth in Articles 
7 and 9, it shall be lawful for the Union, as well as for the States, 
cumulatively or otherwise, to create any others whatsoever, provided 
that they are not in contravention of the terms of Articles 7, 9 and 
11, No. 1. 

Art. 13. The right of the Union and of tht States to legislate in 
regard to railways and navigation of internal waters shall be regu- 
lated by a federal law.^ 

Sole §. Coastwise navigation shall be carried on by national 
vessels. 

Art. 14. The land and naval forces are permanent national insti- 
tutions, intended for the defense of the country from foreign attack 
and for the maintenance of the laws of the land. 

Within the limits of the law, the armed forces are from their na- 
ture bound to obey their superiors in rank, and to support the 'con- 
stitutional institutions. 

Art. 15. The legislative, executive and judicial powers are organs 
of the national sovereignty, harmonious with each other, and inde- 
pendent among themselves. 

section I. ^TIIE legislative POWER. 

CHAPTER I. GENERAL PROVISIONS. 

Art. 16. The legislative power shall be exercised by the National 
Congress, subject to the approval of the President of the Republic. 

§ 1. The National Congress shall be composed of two branches: 
the Chamber of Deputies and the Senate. 

. § 2. The elections for senators and for deputies shall be held 
simultaneously throughout the country. 

§ 3. No person shall be senator and deputy at the same time. 

Art. 17. The Congress shall, without being convoked, assemble in 
the federal capital on the third day of May of each year, unless an- 
other "day is designated by law, and shall continue in session four 
months from the date of the opening, and may be prorogued, ad- 
journed, or convoked in extraordinary session. 

^Law of 14 October 1892 (No. 109). 



BKAZIL. C5 

§ 1. The Congress alone shall have the right to prorogue and ad- 
journ its sessions. 

§ 2. Each legislature shall last three years. 

§ 3. When a vacancy occurs in the Congress on account of resigna- 
tion or for any other reason, the respective State shall order imme- 
diately the election of a new member. 

Abt. 18. The Chamber of Deputies and the Senate shall meet sepa- 
rately and, unless otherwise determined by a majority vote, their 
sessions shall be public. A majority of votes shall be required to 
pass any measure in either house, provided there is present an abso- 
lute majority of the total number of its members. 

Sole §. Each house shall have power: 
To verify and accept the powers of its members. 
To choose its officers. 
To make the rules of its proceedings. 
To provide for its own police service. 
To appoint its clerks. 

Art. 19. Deputies and senators can not be held to account for their 
opinions, expressions or votes in the discharge of their mandate. 

Aht. 20. Deputies and senators, from the time they have received 
their credentials until the new election, shall not be arrested or prose- 
cuted criminally without the previous permission of the house to 
which they belong, except in the case of an unbailable crime in 
flagrante delicto. In the latter case, the court shall collect all the 
evidence and submit it to the house concerned, which shall decide 
whether or not an indictment is to be made, unless the accused shall* 
choose to be tried immdiatelv. 

Art. 21. The members of the two houses, on taking their seats, 
shall take a formal oath, in public session, to perform their duties 
faithfully. 

Art. 22. During the sessions the senators and deputies shall re- 
ceive a salary, the same for members of both houses, and traveling 
expenses, said emoluments to be fixed by the Congress at the close of 
each legislature, for the succeeding one. 

Art. 23. No member of Congress shall, from the day of his elec- 
tion, enter into contracts with the executive power, or receive from 
the same any salaried office or commission. 

§ 1. From this prohibition are excepted: 

1. Diplomatic missions. 

2. Militarv commands and commissions. 

3. Legal promotions. 

§ 2. No deputy or senator shall, however, accept missions, com- 
missions, or commands, indicated under Xos. 1 and 2 of the preced- 



6G CONSTITUTIONS OF THE STATES AT WAR. 

ing section, without first obtaining the permission of the house to 
which he belongs, when the acceptance precludes the member from 
exercising his legislative functions, except in case of war or in cases 
in which the honor and integrity of the Union are involved. 

Art. 24. No deputy or senator shall be president or director of a 
bank, company, or enterprise which enjoys favors from the federal 
government defined by law. 

Sole §. Failure to observe the provisions contained in this and the 
preceding article shall entail the loss of the mandate. 

Art. 25. The office of senator or deputy is incompatible with the 
exercise of any other functions during the sessions. 

Art. 26. The following are the conditions of eligibility to the Na- 
tional Congress: 

1. To enjoy the rights of a Brazilian citizen and be entitled to be 
registered as an elector. 

2. For the Chamber of Deputies, to have been a Brazilian citizen 
for more than four years; for the Senate, Brazilian citizenship of 
more than six years.^ 

This provision does not apply to the citizens mentioned in No. 4 of 
Article 69. 

Art. 27. The Congress shall define, by a special law, the ca«^c3 
of ineligibility to Congress. 

CHAPTER II. — ^THE CHAMBER OF DEPUTIES. 

Art. 28. The Chamber of Deputies is composed of representatives 
of the people elected by the States and the Federal District, by 
direct suffrage, provided the representation of the minority is guaran- 
teed.^ 

§ 1. The number of deputies shall be fixed by law and shall not 
exceed one for every 70,000 inhabitants, but each State shall have at 
least four deputies.* 



* The draft of the ConRtltutlon proposed by the proTlslonal government required seven 
and nine yenrs respectively. 

"The law regulating elections bears the date of 26 January 1892 (No. 35). The 
Law of 7 December 1800 deals with the procedure to be followed In fodpral elections. The 
electoral laws were codified by a decree of 7 February 1894 (No. 1668). 

'The present division of deputies between the 20 States and the Federal District is 
as follows : 



Alagoas 6 

Amazonas 4 

Bahla 22 

Ceara 10 

Dlstrlcto Federal 10 

Esplrlto Snnto 4 

Ooyas 4 

MaranhAo 7 

Matto Orosso 4 

Mlnas Geraes 87 

Para 7 

Farahyba 5 



Parana , 4 

Pernambuco 17 

Plauhy 4 

Rio de Janeiro 17 

Rio Grande do Norte 4 

Rio Grande do Sul 16 

Santa Catharlna 4 

Sao Paulo 22 

Sergipe 4 



Total 212 



BRAZIL. 67 

§ 2. For this purpose the federal government shall order a cen- 
sus of the population of the Republic to be taken at once, which 
shall be renewed every 10 years. 

Art. 29. To the Chamber belongs the initiative for the adjourn- 
ment of the legislative session and of all tax laws, of laws fixing the 
land and naval forces, in the discussion of recommendations made by 
the executive power, and in the decision of the question whether the 
President of the Republic should or should not be impeached, under 
the provisions of Article 53, and whether the cabinet ministers should 
or should not also be impeached for crimes committed by them jointly 
with the President of the Republic. 

CHAPTER ni. — ^THE SENATE. 

Art. 30. The Senate is composed of citizens eligible under the 
terms of Article 26, who are over 35 years old. There shall be three 
senators for each State and three for the Federal District, all of them 
elected in the same way as the deputies.^ 

Art. 31. The term of service of the senators shalj be nine years, 
one third of the Senate being renewed every three years. 

Sole §. The term of a senator elected in place of another shall con- 
tinue during the remainder of the term of the senator replaced. 

Art. 32. The Vice-President of the Republic shall be the president 
of the Senate, where he shall have only the vote of rank {voto de 
qualidade)^^ and shall be replaced, in case of absence or disability, by 
the vice-president of that house. 

Art. 33. The Senate alone has the power to try and pass sentence 
on the President of the Republic and the other federal officers 
designated by the Constitution, under the conditions and in the 
manner which it prescribes. 

§ 1. The Senate, when sitting as a court of justice, shall be pre- 
sided over by the president of the Federal Supreme Court. 

§ 2. It shall not pass sentence of condemnation unless by two 
thirds of the members present. 

§ 3. It shall not impose other penalties than the loss of office 
and disqualification to hold any other, without prejudice to the 
action of ordinary justice against the condemned. 

CHAPTER IV. — POWERS OF THE CONGRESS. 

Art. 34. The National Congress shall have exclusive power: 
1. To estimate the revenue and fix the expenditures of the fed- 
eral government annually, and to examine the accounts of the receipts 
and expenditures of each financial year. 

*The gOTerDmental draft proposed the election of senators by the legislatures of the 
States. 

* That Is, the right of voting in case of tie. 



68 CONSTITUTIONS OF THE STATES AT WAR. 

2. To authorize the executive power to contract loans and con- 
duct other operations of credit. 

3. To legislate concerning the public debt and provide for its 
payment. 

4. To control the collection and distribution of the federal 
revenue. 

5. To regulate international commerce as well as that of the 
States with each other and with the Federal District, to establish 
custom-houses, to create or abolish warehouses of deposit. 

6. To legislate concerning navigation of rivers running through 
more than one State or extending into foreign territory. 

7. To determine the weight, value, inscription, type and denomi- 
nation of coins. 

8. To create banks of issue, to legislate thereon and to levy taxes 
thereon. 

9. To fix the standard of weights and measures. 

10. To determine definitively the boundaries of the States, the 
Federal District, and the national territory. 

11. To authorize the government to declare war, when arbitra- 
tion has failed or can not take place, and to make peace. 

12. To decide definitively witK regard to treaties and conventions 
with foreign nations. 

13. To change the capital of the Union.^ 

14. To grant subsidies to the States in the case referred to in 
Article 5. 

15. To legislate concerning the federal postal and telegraph 
service. 

16. To adopt the measures proper for the protection of the 
frontiers. 

17. To fix annually the land and naval forces. 

18. To legislate concerning the organization of the army and 
navv. 

19. To grant or refuse the passage of foreign forces through the 
territory of the country for the purpose of military operations. 

20. To mobilize and make use of the national guard or militia 
in the cases provided for by the Constitution. 

21. To declare a state of siege at one or more points in the na- 
tional territory, in the emergency of an attack by foreign forces or of 
internal disturbance, and to approve or suspend the state of siege 
declared by the executive power or its responsible airents during the 
recess of Congress. 

22. To establish the conditions and methods of elections for fed- 
eral offices throughout the country. 

* Sec above. Article 3. 



BRAZIL* 69 

23. To legislate concerning the civil, commercial and criminal 
laws of the Republic, and the law of federal procedure. 

24. To establish uniform laws on naturalization. 

25. To create and abolish federal public offices, to fix the duties 
of the same and to designate their salaries. 

26. Tc^ organize the federal judicial system in accordance with 
Articles 55 and following of Section III. 

27. To grant amnesty. 

28. To commute and remit penalties imposed upon federal offi- 
cers in cases of impeachment. 

29. To legislate concerning the lands and mines belonging to the 
Union. 

30. To legislate concerning the municipal organization of the 
Federal District, as well as the police, higher education and other 
services which in the capital are reserved to the federal government. 

31. To submit to special legislation those points of the territory 
of the Republic needed for the establishment of arsenals or other 
establishments or institutions for federal use. 

32. To regulate cases of extradition between the States. 

33. To enact such laws and resolutions as may be necessary for 
the exercise of the powers belonging to the Union. 

34. To enact the organic laws necessary for the complete execu- 
tion of the Constitution. 

35. To prorogue or adjourn its sessions. 

Art. 35. The Congress shall also have power, but not exclusively : 

1. To see to the observance of the Constitution and laws and to 
provide for needs of a federal character. 

2. To encourage in the country the development of letters, arts 
and sciences, as well as of immigration, agriculture, industry and 
commerce, without granting privileges which may embarrass the ac- 
tion of the local governments. 

3. To create institutions for higher and secondary education in 
the States. 

4. To provide for secondary education in the Federal District. 

CHAPTEB V. — ^LAWS AND RESOLUTIONS. 

Art. 36. Save the exceptions specified in Article 29, all bills may 
originate, indifferently, in the Chamber or in the Senate, and may be 
introduced by any of their members. 

Art. 37. A bill, after being passed in one of the houses, shall be 
submitted to the other, and if the latter approves of it, shall be sent 
to the executive power, which, if approving it, shall sanction and pro- 
mulgate it. 

§ 1. If, however, the President of the Republic shall consider the 
bill imconstitutional, or contrary to the interests of the nation, he 
shall veto it within 10 working days, counted from that on which 



70 CONSTITUTIONS OF THE STATES AT WAR. 

he received it, and shall return it within the same period to the house 
in which it originated, with his reasons for the veto. 

§ 2. The failure of the President of the Republic to approve or 
disapprove the bill within these 10 days shall be considered as an ap- 
proval; in case the bill is vetoed after the Congress has closed, the 
President shall publish his reasons therefor. 

§ 3. A bill not approved shall be returned to the house in which 
it originated, where it shall be discussed and subjected to a yea-and- 
nay vote, and shall be considered approved if it obtain two thirds of 
the votes of the members present. In this case, the bill shall be sent 
to the other house, and if it be there approved in the same manner 
and by the same majority it shall be sent as a law to the executive 
power, for formal promulgation. 

§ 4. The sanction and promulgation shall be made in the following 
language : 

1. " The National Congress enacts and I approve the following 
law (or resolution)." 

2. " The National Congress enacts and I promulgate the follow- 
ing law (or resolution)." 

Art. 38. If the law is not promulgated within 48 hours by the 
President of the Republic in the cases specified in §§ 2 and 3 of 
Article 37, the president of the Senate, or the vice-president, if 
the president does not do it in the same period, shall promulgate 
it, using the following language: "I, the president (or the vice- 
president) of the Senate, do hereby make knowp to all those who 
may see these presents that the National Congress enacts and pro- 
mulgates the following law (or resolution)." 

Art. 39. A bill from one house, amended in the other, shall return 
to the former, and if the amendments are accepted therein, shall be 
sent to the executive power as amended. 

§ 1. In the contrary case, it shall go back to the house where 
it was amended, and if the alterations receive the vote of two 
thirds of the members present, they shall be considered as ap- 
proved, and shall then be sent, together with the bill, to the house 
where it originated, which can only reject them by a two-thirds vote. 

§ 2. If the alterations are rejected by such vote, the bill shall be 
submitted without them to the approval of the executive. 

Art. 40. Bills finally rejected, or not approved, shall not be pr©- 
i^onted again in the same legislative session. 

SECTION II. — THE EXECUTIVE POWER. 
CHAPTEB I. — THE PRESIDENT AND VICE-PRESIDENT. 

Art. 41. The executive power shall be exercised by the President 
of the Republic of the United States of Brazil as elective head of the 
nation. 



BRAZIL. 71 

• 

§ 1, The Vice-President, elected simultaneously with the President, 
shall take the place of the latter in case of temporary disability, and 
shall succeed him in case of vacancy in the Presidency. 

§ 2. In case of disability of the Vice-President, or vacancy of his 
office, the following shall be called in the order named, to fill the 
Presidency: The vice-president of the Senate, the president of the 
Chamber of Deputies, the president of the Federal Supreme Court. 

§ 3. The following are the essential conditions of eligibility to the 
Presidency or Vice-Presidency of the Republic : 

1. To be a native of Brazil. 

2. To enjoy the exercise of political rights. 

3. To be over 35 years of age. 

Art. 42. If the vacancy in the Presidency or Vice-Presidency 
occurs, for any cause whatever, before two years of the presidential 
term have elapsed, a new election shall be held. 

Akt. 43. The President shall hold his office for four^ years, and 
shall not be reelected for the succeeding presidential term. 

§ 1. The Vice-President who may have filled the Presidency dur- 
ing the last year of the presidential term shall not be eligible to the 
Presidency for the succeeding term. 

§ 2. The President shall cease to exercise his powers, without fail, 
on the same day on which his presidential term expires, and the newly 
elected President shall at once succeed him. 

§ 3. In case of the disability or failure of the latter to enter upon 
the discharge of his duties, the succession shall be effected in accord- 
ance with'§§ 1 and 2 of Article 41. 

§ 4. The first presidential term shall expire on 15 November 1894. 

Abt. 44. On taking possession of his office, the President, before 
Congress, or if that body is not in session, before the Federal Su- 
preme Court, shall make the following affirmation : 

I promise lo maintain and execute the federal Constitution with perfect loy- 
alty, to promote the general welfare of the Republic to observe its laws, and 
to uphold the Union, its integrity and Indeiiendence. 

Akt. 45. The President and Vice-President shall not leave the 
national territory without the permission of the Congress, under 
penalty of loss of office. 

Art. 46. The President and Vice-President shall receive the salary 
fixed by the Congress in the preceding presidential term. 

CHAPTER II. — ^ELECTION OF PRESIDENT AND VICE-PRESIDENT. 

Art. 47. The President and Vice-President of the Republic shalb 
be elected by direct suffrage^ of the nation and by an absolute 
majority of votes. 

' The gOTern mental draft proposed six years. 

* The govemmental draft proposed two degrees of suffrage. Article 1 of the Transitory 
ProvisloDs provided for the election of the first President. 



72 CONSTITUTIONS OF THE STATES AT WAR. 

§ 1. The election shall be held on the first day of March of the 
last year of the presidential term, and the examination of the votes 
received in the respective election districts shall be made in the 
federal capital and in the capitals of the States. Congress shall 
count the votes in its first meeting of the same year, with whatever 
number of members may be present. 

§ 2. In case no one of the candidates shall have received an abso- 
lute majority of votes. Congress shall elect, by a majority vote of 
those present, one of the two persons who Rave obtained the greatest 
number of votes in the direct election. 

In case of tie the candidate of greatest age shall be considered 
elected. 

§ 3. The process of election and counting of votes shall be regu- 
lated by ordinary' law. 

§ 4:. The relatives, whether by blood or affinity, within the first 
and second degrees, of the President or Vice-President who is 
in the exercise of his powers at the time of the election, or was so 
six months before, shall be ineligible to the offices of President and 
Vice-President. 

CHAPTER III. — ^THE POWERS OF THE EXECUTIVE. 

Art. 48. To the President of the Eepublic belongs the exclusive 
right : 

1. To sanction, promulgate and make public the laws and reso- 
lutions of the Congress; to issue decrees, instructions and regulations 
for their faithful execution. 

2. To appoint and dismiss at will the ministers of State. 

3. To exercise, or to designate one who shall exercise supreme 
command over the land and naval forces of the United States of 
Brazil when called to arms for the internal or external defense oL liie 
Union. 

4. To govern the army and navy and to distribute their respective 
forces, in accordance with the federal laws and the needs of the 
national government. 

5. To dispose of the civil and military offices of a federal char- 
acter, under the restrictions specified in the Constitution. 

6. To remit and commute penalties for crimes subject to federal 
jurisdiction, except in the cases mentioned in Article 34, No. 28, and 
Article 52, § 2. 

7. To declare war and to make peace, under the provisions of 
Article 34, No. 11. 

8. To declare war at once in cases of foreign invasion or aggres- 
sion. 

9. To present an annual statement to the National Congress of 
the condition of the country, indicating pressing measures and 



BRAZIL. 73 

forms, b}' means of a message, which he shall send to the secre- 
tary of the Senate on the day of the opening of the legislative session. 

10. To convoke the Congress in extraordinarj' session. 

11. To appoint the federal judges upon nomination by the Su- 
preme Court. 

12. To appoint the members of the Federal Supreme Court and 
diplomatic ministers, with the approval of the Senate. 

In the absence of the Congress, he may appoint them temporarily 
until acted upon by the Senate. 

13. To appoint all other members of the diplomatic corps and 
consular agents. 

14. To maintain relations with foreign Powers. 

15. To declare directly, or through his responsible agents, a state 
of siege at any point of the national territory, in case of foreign 
aggression or serious internal disturbance (Article 6, No. 3; Article 
34, No. 21 ; and Article 80). 

16. To enter into international negotiations, to conclude agree- 
ments, conventions and treaties, always with the restriction that they 
are to be referred to the Congress, and to approve those made by the 
States in conformity with Article 65, submitting them, at the time 
of their execution, to the authority of the Congress. 

CHAPTER IV. — MINISTERS OF STATE. 

Art. 49. The President of the Bepublic is assisted by the ministers 
of State, agents of his confidence, who shall countersign his acts, and 
each of whom shall preside over one of the ministries into which the 
federal administration is divided.^ 

Art. 50. The ministers of State shall not exercise any other public 
employment or function, nor shall they be elected President or Vice- 
President of the Union, deputy or senator. 

Sole §. Any deputy or senator who shall accept the position of 
minister of State shall lose his seat and a new election shall at once 
be held, in which he shall be ineligible. 

Art. 51. The ministers of State shall not appear at the meet- 
ings of the Congress and shall communicate with that body only in 
writing or personally by means of conferences with the <;ommittees 
of the houses. 

The annual reports of the ministers shall be addressed to the Presi- 
dent of the Republic and distributed to all the members of Congress. 

Art. 52. The ministers of State are not responsible to the Con- 
gress or to the courts for advice given to the President of the 
Republic. 

§ 1. They are responsible, however, for their acts, if these con- 
stitute crimes defined by law. 

^The Law of 30 October 1891 (No. 23) created 7 ministries. Later reduced to 6, thej 
were again (1009) restored to 7. 

88381—19 6 



74 CONSTITUTIONS OF THE STATES AT WAR. 

§ 2. For ordinary offenses and in cases of impeachment they shall 
be prosecuted and tried by the Federal Supreme Court, and for those 
committed jointly with the President of the Republic, by the author- 
ity competent to pass judgment on the latter. 

CHAPTER V. — ^THE RESPONSIBILITY OF THE PRESIDENT. 

Art. 53. The President of the Republic of the United States of 
Brazil, after the Chamber of Deputies shall have decided that he 
should be tried on charges made against him, shall be. brought to 
trial and judgment before the Federal Supreme Court in cases of 
ordinary crimes, and before the Senate in cases of impeachment. 

Sole §. After it has been decided that the President shall be tried, 
he shall be suspended from the exercise of his functions. 

Akt, 54.. Acts for which the President of the Republic may be im- 
peached are those which are directed against: 

1. The political existence of the Union. 

2. The Constitution and the form of the federal government. 

3. The free exercise of political powers. 

4. The legal enjoyment and exercise of political or individual 
rights. 

5. The internal security of the country. 

6. The honestv of the administration. 

7. The constitutional custody and use of public funds. 

8. The appropriations voted by Congress. 

g 1. These offenses shall be defined by a special law.^ 

§ 2. Another law shall regulate the mode of accusation, procedure 

and judgment.^ 

§ 3. Both of these laws shall be enacted in the first session of the 

first Congress. 

SECTION III. — THE JUDICIAL POWER. 

Art. 55. The judicial power of the Union shall be vested in a Fed- 
eral Supreme Court^ sitting in the capital of the Republic, and in 
as many inferior federal judges and courts, distributed through the 
country, as the Congress shall create. 

Art. 56. The Federal Supreme Court shall be composed of 15 
justices, appointed under the provisions of Article 48, Xo. 12, from 
among the citizens of notable learning and reputation, eligible tc 
the Senate. 

Art. 57. The federal justices shall hold office for life, being remov- 
able only by judicial sentence. 

§ 1. Their salaries shall be fixed by law and can not be dimin- 
ished. 



^Law of 7 January 1892 (No. 27). > Law of 8 January 1892 (No. 30). 



BRAZIL. 75 

§ 2. The Senate shall try the impeachments of the members of 
the Federal Supreme Court and the Federal Supreme Court those of 
the lower federal judges. 

Art. 58. The federal courts shall choose their presidents from 
among their own members, and shall organize their respective clerical 
corps. 

§ 1. In these corps the appointment and dismissal of the respec- 
tive clerks, as well as the filling of the judicial offices in the judicial 
districts, shall belong to the presidents of the respective courts. 

§ 2. The President of the Republic shall appoint, from among the 
members of the Federal Supreme Court, the Attorney-General of the 
Republic, whose attributions shall be defined by law. 

Art. 59. The Federal Supreme Court shall have power : 

I. To try with original and exclusive jurisdiction: 

a. The President of the Republic for ordinary crimes, and the 
ministers of State in the cases specified in Article 52. 

b. The diplomatic ministers for ordinary crimes and in cases 
of impeachment. 

c. Questions and conflicts between the Union and the States, 
or between the States one with another. 

d. Suits and claims between foreign nations and the Union, or 
between foreign nations and the States. 

e. Conflicts between the federal judges or courts one with 
another, or between them and those of the States, as also conflicts 
of the judges and courts of one State with the judges and courts 
of another State. 

II. To decide, on appeal, questions passed upon by the inferior 
federal judges and courts, as well as those mentioned in § 1 of the 
present article and in Article 60. 

III. To review decided cases under the provisions of Article 81. 
§ 1. An appeal to the Federal Supreme Court can be taken against 

decisions rendered in the last instance, by the courts of the State : 

a. When the validity or application of the federal laws or 
treaties is called in question and the decision of the State court shall . 
be against the same. 

6. When the validity of laws or acts of the governments of the 
States in opposition to the Constitution or to the federal laws is con- 
tested and the State court shall have decided in favor of the validity 
of the acts or laws in question. 

§ 2. In the cases which involve the application of the laws of the 
States, the federal court shall consult the jurisprudence of the local 
tribunals, and, vice versa, the State court shall consult that of the 
federal tribunals, when the interpretation of the laws of the Union 
is involved. 



76 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 60. It belongs to the federal judges and courts to try and 

decide: 

a. Cases in which one of the parties bases his claim or defense 

on some provision of the Federal Constitution. 

6. Suits against the government of the Union or the national 
treasury, founded upon provisions of the Constitution, laws and regu- 
lations of the executive power, or upon contracts entered into with 
the same government. 

c. Claims for compensation, recovery of property, indemnifica- 
tion for damages or any other claims, presented by the government 
of the Union against private individuals or vice versa. 

d. Litigations between one State and the citizens of another, or 
between citizens of different States, when the respective State laws 
are different. 

e. Disputes between foreign States and Brazilian citizens. 

/. Actions instituted by foreigners, founded upon contracts with 
the federal government or upon conventions or treaties between the 
Union and other nations. 

g. Questions of maritime law and those relating to navigation^ 
either of the ocean or of the rivers and lakes of the country. 

A. Questions of international criminal or civil law. 

i. Political crimes. 
§ 1. Congress is forbidden to delegate any federal jurisdictiou 
to the courts of the States. 

§ 2, Sentences and decrees of the federal judges shall be enforced 
by the federal court officers, to iit^hom the local police shall be bound to 
render assistance when called upon to do so. 

Art. 61. The decisions of the State judges or courts of competent 
jurisdiction shall put an end to the suits and questions in which they 
are rendered, except in cases of : 

1. Habeas corpus; or 

2. Settlement of the estate of a deceased foreigner, in cases not 
provided for by convention or treaty. 

In such cases volvmtary recourse may be had to the Federal 
Supreme Court. 

Art. 62, The State courts shall not have power to intervene in 
questions submitted to the federal courts, or to annul, alter, or 
suspend the sentences or orders of the latter. And, reciprocally, the 
federal courts can not intervene in questions submitted to the State 
courts, or annul, alter, or suspend the decisions or orders of the latter, 
except in the cases expressly defined in this Constitution. 

Title II. — The States. 

Art. 63. Each State shall be governed by the Constitution and 
laws adopted by it, provided that the constitutional principles of the 
Union be respectc^. 



BRAZIL. 77 

Art. 64. The mines and vacant lands situated in the States shall 
belong to them, the Union having the right only to that portion of 
the territory which may be necessary for the defense of the frontier, 
for fortifications, military constructions and federal railways. 

Sole §. National property which may not be necessary for the 
service of the Union shall pass to the dominion of the States in whose 
territory it may be situated. 

Art. 65. The States shall have the right : 

1. To conclude among themselves agreements and conventions 
of a nonpolitical character (Article 48, No. 16). 

2. To use, in general, any power or right not denied to them by 
a provision, expressed or implied, of the Constitution. 

Art. 66. It is forbidden to the States: 

1. To refuse faith and credit to public documents of the Union 
or of any State, of a legislative, administrative, or judicial character. 

2. To refuse to recognize the currency, whether coin or paper, 
put into circulation by the federal government. 

3. To make or declare war, one against another, or make use 
of reprisals. 

4. To refuse the extradition of criminals when requested by the 
courts of other States or of the Federal District, in conformity with 
the laws of Congress relating to this subject (Article 34, No. 32). 

Art. 67. Excepting the restrictions specified in the Constitution 
and the federal laws, the Federal District shall be governed by the 
municipal authorities.^ 

Sole §. The expenses of a local character in the capital of the 
Republic shall be defrayed exclusively by the municipal authority. 

Title III. — The Municipality. 

Art. 68. The States shall organize themselves in such a way as to 
assure the autonomy of the municipalities in respect to all that relates 
to their particular interests. 

Title IV. — Brazilian Citizens. 

section 1. — qualifications of BRAZILIAN CITIZENS. 

Art. 69. The following are Brazilian citizens : 

1. Persons bom in Brazil, even of a foreign father, if the latter 
is not residing in Brazil in the service of his own nation. 

2. Children of a Brazilian father, and illegitimate children of a 
Brazilian mother, bom in foreign countries, if they establish their 
domicile in the Republic. 

^ Law of 29 December 1902 which reorganized the Federal District and the municipal 
power in the federal capital. 



78 CONSTITUTIONS OF THE STATES AT WAB. 

3. Children of a Brazilian father residing in a foreign country 
in the service of the Eepublic, provided that they do not establish 
their domicile there. 

4. Foreigners who, having been in Brazil on 15 November 1889, 
shall not have declared, within six months after the Constitution 
comes into force, their intention to preserve their nationality of 
origin. 

5. Foreigners who hold real estate in Brazil and are married to 
Brazilian women, or have Brazilian children, provided that they 
reside in Brazil, unless they have declared their intention of not 
changing their nationality. 

6. Foreigners naturalized ^ in any other way. 

Art. 70. Citizens of more than 21 years of age, who are registered 
according to law, shall be electors. 

§ 1. The following shall not be registered as electors for federal 
or State elections : 

1. Beggars; 

2. Illiterate persons; 

3. Soldiers on pay, except cadets of the higher military schools; 

4. Members of monastic orders, companies, congregations or 
communities of any denomination, subject to a vow of obedience, or 
rule or statutes, implying the surrender of individual liberty. 

§ 2. Citizens who are not registered are not eligible to office. 
Art. 71. The rights of the Brazilian citizen can be suspended or 
lost only in the following cases : 
§ 1. The rights are suspended : 
a. Through physical or moral disability. 

&. Through condemnation for crime, during the period of its 
operation. 

§ 2. They shall be lost : 
a. Through naturalization in a foreign country. 
h. Through the acceptance of employment or pension from a for- 
eign government, without permission of the federal executive power. 
§ 3. A federal law shall determine the conditions for the re- 
acquisition of the rights of Brazilian citizenship. 

SECTION II. — ^DECLARATION OF RIGHTS. 

Art. 72. The Constitution secures to Brazilians and foreigners 
residing in the country the inviolability of their rights touching 
liberty, personal security and property, in the following terms : 

§ 1. No person shall be forced to do, or not to do, anything except 
by virtue of law. 

§ 2. All persons are equal before the law.* The Republic does not 
recognize privileges of birth, or titles of nobility, and abolishes the 

^Law of 12 November 1902 on the nataralizaUon of foreigners. 
' Slavery was suppressed in Brazil in 1888. 



BRAZIL. 79 

existing "honorary orders, their prerogatives and decorations, as well 
as all titles of nobility and the title of counsellor. 

§ 3. All persons and religious confessions shall have the right to 
exercise their religion publicly and freely, to form associations for 
that purpose, and to acquire property, so long as they conform to the 
provisions of the ordinary law. 

§ 4. The Republic recognizes only the civil marriage, the sol- 
emnization of which shall be gratuitous. 

§ 5. The cemeteries shall possess a secular character, and shall be 
managed by the municipal authorities, but all religious denomina- 
tions shall be free to use their respective rites in conformity with 
their beliefs, provided they do not offend public morals and the laws. 

§ 6. The instruction given in public institutions shall be laical. 

§ 7. No denomination or church shall be officially subsidized or 
made dependent on, or connected with, the government of the Union, 
or of the States. 

§ 8. All persons shall have the right of free association^ and 
assembly without arms; the police force shall not intervene, except 
to maintain public order. 

§ 9. All persons shall be permitted to address, by petition, th" 
public powers, to denounce abuses of the authorities and to request 
that the guilty parties be held responsible. 

§ 10. In time of peace all persons shall have the right to enter or 
leave the territory of the Republic, when and how they please, carry- 
ing with them their property, without necessity of securing a pass- 
port. 

§ 11. The house is the inviolable asylum of the person who inhab- 
its it ; without his consent no one can enter it at night, except to aid 
the victims of a crime or disaster, or during the day, except in the 
cases and in the form prescribed by law. 

§ 12. The expression of opinion on all subjects, through the press 
or from the platform, shall be free, without subjection to censorship, 
each one being responsible for the abuses he may commit, in the case's 
and in the form prescribed by law. Anonymous publications shall 
not be permitted. 

§ 13. Xo arrest shall be made, except, in case of -flagrante delicto^ 
without, the prisoner having been previously indicted, unless other- 
wise permitted by law, and upon written order of the proper au- 
thority. 

§ 14. No one shall be kept in prison without charges having been 
formally filed against him, except in the cases prescribed by law, nor 
taken to prison, or detained there, if he will give proper bail, in case? 
where bail is lawful. 

» Law of ]0 September 1893 (No. 173). 



80 CONSTITUTIONS OF THE STATES AT WAR. 

§ 15. No one shall be sentenced, except by competent authority, 
and in virtue of a preexisting law, and in the form prescribed by it. 

§ 16. The law shall secure to the accused the fullest defense and 
all the recourses and means essential thereto, including notice of the 
charge, to be delivered to the prisoner within 24 hours, signed by the 
competent authorit3% with the names of the accusers and witnesses. 

§ 17. The rights of property shall be maintained in all their pleni- 
tude, except in cases of expropriation because of necessity or public 
utility, in which cuses indemnity shall be made beforehand. 

Mines shall belong to the owners of the soil, with the limitations 
which may be established by law to encourage the exploitation of 
this branch of industry. 

§ 18. The secrecy v^f correspondence is inviolable. 

§ 1£. No penalty shall extend beyond the person of the guiltj*^ 
party. 

§ 20. The penalties of the galleys and of judicial banishment art 
abolished. 

§ 21. The death penalty is likewise abolished, saving the provi- 
sions of military legislation in time of war. 

§ 22. The writ of haheas corpus shall always be granted when the 
individual suffers or is in imminent danger of suffering violence or 
coercion, through illegality or abuse of power. 

§ 23. No privileged jurisdiction shall be recognized, except in thos . 
cases which, owing to their nature, belong to special courts. 

§ 24. The free exercise of any profession, moral, intellectual, or 
•ndustrial, shall be guaranteed. 

§ 25. Industrial inventions shall belong to their inventors, who 
shall be protected by a patent granted for a limited time, or rewarded 
by Congress with a reasonable prize, when the usefulness of the 
invention mav vouch for it.^ 

§ 26. The exclusive right to reproduce, by the press or any other 
mechanical process, literary or artistic works is guaranteed to their 
authors. The heirs of the authors shall enjoy this right for the 
period which the law shall determine.' 

§ 27. The law shall also secure the ownership of trade-marks.^ 

§ 28. No Brazilian citizen shall be deprived of his civil or political 
rights, or exempted from the performance of any civic duty whatso- 
ever, on account of Jiis religious belief or office. 

§ 29. All those who allege their religious belief as a reason for 
exempting themselves from any duty which the laws of the Republic 
impose upon its citizens, and those who accept foreign decorations or 
titles of nobility, shall lose all their political rights. 

1 Law of 14 October 1882. The International protection of patents is covered by the 
Law of 9 January 1903. 
« Law of 1 August ISOS. 
> Law of 24 September 1904. 



BRAZIL. 81 

§ 30. No tax of any kind shall be collected except under authority 
of law. 

§ 31. Trial by jury shall be maintained. 

Art. 73. Public offices, civil or military, shall be accessible to all 
Brazilian citizens, provided that the conditions of special fitness, 
fixed by law, be observed; the accumulation of salaried positions is 
forbidden. 

Art. 74. Commissions, positions and offices to be held for life 
shall be fully ^laranteed. 

Art. 75. Public officers shall be retired with pay, only in case of 
becoming unable to perform their duties while in the service of the 
nation. 

Art. 76. Officers of the army and navy shall forfeit their com- 
missions, only when condemned, after trial by the competent courts, 
to more than two years' imprisonment. 

Art. 77. The military and naval officers shall be tried by special 
courts for military offenses. 

§ 1. This jurisdiction shall be vested in a Supreme Military Court, 
whose members shall serve for life, and in the courts martial which 
may be needed for the proper trial of the cases. 

§ 2. The organization and attributions of the Supreme Military 
Court shall be governed by law.^ 

Art. 78. The enumeration of guarantees and rights made in the 
Constitution shall not exclude other guarantees and rights not 
enumerated, but resulting from the form of government established 
and the principles proclaimed by said Constitution. 

Title V. — General Provisions. 

Art. 79. The citizen vested with functions belonging to one of the 
three federal powers shall not exercise those belonging to the other 
two. 

Art. 80. Anv part of the territorv of the Union mav be declared 
in state of siege and the constitutional guarantees suspended in it for 
a fixed period, whenever the security of the Republic may demand it, 
in case of foreign aggression or internal disturbance (Article 34, 
Xo. 21 ) . 

§ 1. If Congress is not in session and the country is in imminent 
, danger, the federal executive power shall exercise this prerogative 
(Article 48, No. 15). 

§ 2. In the exercise of this power during a state of siege the 
executive power shall be restricted to the following measures of re- 
pression against persons: 

1. To their detention in a place not destined for persons ac- 
cused of common crimes. 

»Thl8 court was organized by the Law of 18 July 1893 (No. 149). 



82 CONSTITUTIONS OF THE STATES AT WAR. 

2. To banishment to some other part of the national territory. 

§ 3. As soon as the Congress assembles, the President of the 
Eepublic shall report to that body all the exceptional measures which 
he may have taken, giving his reasons therefor. 

§ 4. The authorities who have ordered such measures shall be 
responsible for any abuses which may have been committed. 

Art. 81. Terminated criminal cases may be reviewed at any time, 
if to the benefit of the condemned parties, by the Federal Supreme 
Court, which shall amend or affirm the sentence. 

§ 1. The law shall determine the manner and form of the revision, 
which may be asked for, either by the condemned party, by any one 
of the people, or ex oificio by the Attorney-General of the Republic. 

§ 2. In such revisions, the penalties imposed by the judgment 
under review shall not be increased. 

§ 3. The provisions of the present article shall apply to military 
trials. 

Art. 82. Public officers shall be strictly responsible for the abuses 
and omissions of which they may be guilty in the exercise of their 
functions, as well as for their failure, through indulgence or negli- 
gence, to exact from their subordinates the proper responsibility for 
their acts. 

Sole S. Public officers shall bind themselves, formallv, on takins: 
possession of their offices, to faithfully discharge the lawful duties 
of the same. 

Art. 83. Until revoked, the laws of the former regime shall re- 
main in force, except in so far as they are explicitly or implicitly 
contrary to the system of government established by the Constitution, 
and to the principles proclaimed by its provisions. 

Art. 84. The government of the Union guarantees the payment of 
the public debt, domestic or foreign. 

Art. 85. The staff and line officers of the navy shall have the same 
ranks and privileges as the officers of the army of corresponding 
grade. 

Art. 86. Every Brazilian is bound to do military service in defense 
of the country and of the Constitution, in accordance with the fed- 
eral laws. 

Art. 87. The federal army shall be made up of contingents, which 
the States and the Federal District are bound to furnish in accord- 
ance with the annual law fixing the strength of the public force. 

§ 1. A federal law shall determine the general organization of the 
army, in accordance with No. 18 of Article 34. 

§ 2. The military instruction of the corps and branches of the army 
service and higher military education shall be in charge of the 
Union. 

§ 3. Compulsory recruiting for military service is abolished. 



BBAZIL. B3 

§ 4. The army and navy shall consist of volunteers, enlisted with- 
out bounty, and if this method fails, draftings shall be made accord- 
ing to a plan previously arranged. 

The personnel of the navy shall be made up by lot out of pupils 
of the Naval School, the schools of naval apprentices, and members 
of the merchant marine. 

Art. 88. The United States of Brazil shall in no case engage in a 
war of conquest, directly or indirectly, by itself or in alliance with 
another nation. 

Art. 89. A Court of Accounts shall be established to audit the 
accounts of receipts and expenditures and to pass upon their legality 
before they are presented to Congress. 

The members of this Court shall be appointed by the President 
of the Republic with the approval of the Senate, and shall lose their 
places only by judicial sentence. 

Art. 90. The Constitution may be amended upon the initiative of 
the National Congress, or of the legislatures of the States. 

§ 1. An amendment shall be considered as proposed, when intro- 
duced by one fourth, at least, of the members of either house of the 
National Congress, and accepted, after three discussions, by two 
thirds of the votes in both houses of the Congress, or, \^hen suggested 
by two thirds of the States, in the course of one year, each State 
being represented by a majority of the votes of its legislature. 

§ 2. The proposed amendment shall be considered approved, if, 
in the following year, after three discussions, it is adopted by a 
majority of two thirds ^ of the votes in the two houses of Congress. 

§ 3. The amendment adopted shall be published with the signa- 
tures of the presidents and secretaries of the two houses, and incor- 
porated in the Constitution as an integral part thereof. 

§ 4. No project having a tendency to abolish the federal republican 
form of government, or the equal representation of the States in the 
Senate, shall be admitted for consideration in the Congress. 

Art. 91. As soon as this Constitution is approved, it shall be pro- 
mulgated by the presiding officers of the Congress and signed by the 
members of the same.^ 

TRANSITORY PROVISIONS. 

ArticXiE 1. Upon the promulgation of the present Constitution, 
the Congress, assembled in joint session, shall choose at once, by 
absolute majority in the first balloting, and, if such be not obtained, 
by a relative majority in the second, the President and Vice-Presi- 
dent of the United States of Brazil. 

^ The governmental draft proposed a majority -of three fourths. 

^ In the Official Journal of 25 February 1891 there are 223 signatures. 



84 CONSTITUTIONS OF THE STATES AT WAR. 

§ 1. This election shall be made through two different votes, one 
for the President and another for the Vice-President; the votes for 
the President shall be taken and counted first, and then the votes for 
Vice-President shall be taken and counted. 

§ 2. The President and Vice-President thus elected shall fill the 
Presidency and Vice-Presidency of the Republic during the first 
presidential term. 

§ 3. There shall be no incompatibilities in this election. 

§ 4. As soon as said election is made, the Congress shall declare its 
mission in joint session as a convention to be ended, and. separating 
itself into Chamber and Senate, shall enter upon the exercise of its 
normal functions on the fifteenth of June of the current year, and it 
shall not for any reason be dissolved. 

§ 5. In the first year of the first legislature, the Senate, as soon as 
it has completed its organization, shall designate preliminarily the 
first and second thirds of its members, whose terms shall cease at the 
end of the first and second triennial periods. 

§' 6. This designation shall be made in three lists, correspond- 
ing to the three thirds of the Senate, whereon the names of 
the senators of each State and of the Federal District shall be in- 
scribed, accortling to the respective number of votes obtained by 
them, so that the one first in the voting in the Federal District and 
in each State shall be placed in the list for the last triennium and the 
others in the lists of the other triennial periods, according to the 
relative number of votes obtained by them. 

§ 7. In case of tie preference shall be given to the elder, and if the 
ages be equal the choice shall be made by lot. 

Art. 2. The State which, at the end of the year eighteen hundred 
and ninety-two, shall not have adopted a constitution for itself, 
shall be, by Act of Congi'ess, subjected to that one of another State, 
which may be deemed most suitable, but the State thus subjected to 
the constitution of another State shall have the right to amend that 
instrument in the manner provided in the same. 

Art. 3. As fast as the States shall be organized, the federal gov- 
ernment shall deliver to them the administration of the services 
which belong to them under the Constitution, and shall settle the 
responsibility of the Federal administration in all that relates to 
said services and to the payment of the respective officials. 

Art. 4. While the States are engaged in regulating their expenses 
and during the whole period of organization of their services, the 
federal government shall grant them special credits for this purpose, 
under conditions to be established by law. 

Art. 5. As soon as the States are organized, the classification of the 
revenues established in the Constitution shall enter into force. 



BHAZIL. 85 

Art. 6. In the first appointments of federal and State judges, 
preference shall be given to the present members of the law courts, 
and to those judicial officers called desenibargadores^ who may enjoy 
the greatest reputation. 

Judges who have served for over thirty years and can not have 
positions in the new judicial organization shall be retired on full pay. 

Those who have served for less than thirtv vears shall continue 
to receive their present salaries until they are employed or retired 
with salaries corresponding to their time of service. 

The expenses to be incurred in paying the salaries of the judges 
placed on the retired or reserve lists shall be paid by the federal 
government. 

Art. 7. On and after 15 November 1889, a pension shall be paid 
to D. Pedro de Alcantara, ex-Emperor of Brazil, which shall guar- 
antee him a suitable maintenance for the remainder of his life. Con- 
gress in its first regular session shall fix the amount of this pension. 

Art. 8. The federal government shall acquire for the nation the 
house in which Benjamin Constant Botelho de Magalhaes died, 
and shall order a tablet to be placed upon the same in memory of 
that great patriot, the founder of the Republic. 

Sole §. The widow of said Dr. Benjamin Constant shall enjoy 
the use of said house during her lif e.^ 

> The signatures of the President of the Congress and of the senators and deputies 
foUow. 



BULGARIA. 

The Preliminary Treaty of Peace, which ended the Kusso-Turkish 
War and was signed at San Stefano 19 February / 3 March 1878,^ 
considerably reduced the Ottoman power in Europe. Bulgaria was 
separated from the Ottoman Empire and constituted into "an au- 
tonomous and tributary principality, under the sovereignty of His 
Majesty the Sultan," by Article 1 of the Treaty of Berlin of 13 July 
1878.^ This same treaty imposed on the new State certain conditions 
relative to the election of the Prince (Article 2) and religious liberty 
(Article 5). On 10/22 February 1879, the first Bulgarian assembly 
of notables convened in the principality and the new Constitution 
was promulgated at Tirnovo 16/28 April 1879. It contains 169 arti- 
cles.' Eastern Rumelia revolted against Turkish domination in Sep- 
tember 1885 and proclaimed Alexander Prince. The latter accepted 
^ the title of Prince of the two Bulgarias of the north and of the 
south " by a manifesto dated from Tirnovo 20 September. 

The Constitution of 1879 was the object of an important revision 
in 1893. The proposal of the government, adopted by the Ordinary 
National Assembly on 7/19 December 1892, was submitted to the 
Grand National Assembly, which was convened at Tirnovo on 3/15 
May 1893. On 15/27 May the revision was passed. Thirteen articles 
of the Constitution were amended: Articles 6, 38, 58, 59, 86, 114, 115, 
125, 126, 139, 141, 144 and 161.* 

In 1911 the Constitution underwent another revision. The Grand 
National Assembly was opened at Tirnovo on 9/22 June 1911 and 
held twenty -two meetings, at the conclusion of which (7/20 July) 
the project of the Fourteenth Ordinary National Assembly was 
adopted with some modifications and promulgated four days later. 
Fourteen articles were amended : Articles 6, 17, 19, 24, 35, 38, 55, 72, 
73, 76, 86, 121, 127 and 161. 

1 French text In British and Foreign State Papers, 69 : pp. 782-744 ; English transla- 
tion in Bdwaro Hbrtslbt, Map of Europe by Treaty, vol. iv (London, 1891), pp. 2672- 
2096. 

* French text In British and Foreign State Papers, 69 : pp. 749-767 ; English transla- 
tion in Hertslbt, op. cit., pp. 2759-2799. 

* French translation in British and Foreign State Papers, 70 : pp. 1303-1818, and An- 
nuaire de ligMaiion Hrangire, 9 (1879) : pp. 774-790. 

« French translation in Annuaire de legislation €trangire, 23 (1893): pp. 682-684, 
with the old and new texts in parallel columns. 

87 



88 CONSTITUTIONS OF THE STATES AT WAR. 

The electoral law in force bears the date of 23 March / 4 April 
1897.^ It received slight modifications in 1898, 1901, 1906, 1907, 1908, 
1909, 1910, 1911 (twice) and 1912. Laws of 16/29 March 1903 and 
11/24 April 1910 have prescribed the boundaries of the electoral 
districts.^ 



CONSTITUTION OF 16/28 APKIL 1879, WITH AMENDMENTS OF 

15/27 MAY 1893 AND 11/24 JULY 1911.^ 

Chapter I. — The Territory of the Kingdo3I. 

Article 1. The territory of the Kingdom of Bulgaria may not be 
increased or diminished without the consent of the Grand National 
Assembly. 

Art. 2. The rectification of boundary lines, if this has not been 
done in inhabited regions, may ftlso be decreed by the Ordinary Na- 
tional Assembly (Article 85). 

Art. 3. The territory is divided for administrative purposes into 
districts, sections (arrondissemejits) and communes. 

A special law shall be drafted for the organization of this admin- 
istrative division on the principle of autonomy for the communes. 

Chapter II. — The Power of the King a:sd its Limitations. 

Art. 4. The Bulgarian Kingdom is an hereditary constitutional 
monarchy with national representation. 

Art. 5. The King is the supreme representative and head of the 
State. 

Art. 6.* The King bears the title of His Majesty the King of the 
Bulgars ; the heir to the throne, that of His Royal Highness. 

Art. 7. The King of Bulgaria may not, without the consent of the 
Grand National Assembly, be at the same time the sovereign of an- 
other State. 

Art. 8. The person of the King is sacred and inviolable. 

Art. 9. The legislative power belongs to the King and the national 
representation. 

Art. 10. The King sanctions and promulgates the laws passed by 
the National Assemblv. 

^Published in the Official Journal, SO Aprll/12 May. See analysis in Annuaire Oe 
legislation Hrang^e, 27 (1807) : pp. 789-799. 

' These introductory paragraphs are based upon F. R. DABEsn bt P. DARBsn, Le« Con- 
stitutlonB modemes (3d edition, Paris, 1910), vol. ii, p. 290-298, with additions based 
upon the Annuaire de Ugifslatlon ^trangdre. 

* Translated by Gborgb D. Greoort from the ^rench translation in the BriHeh and 
Foreign State Papers, 107 : pp. 615-630. A German translation of the Constitation of 
1879 and of the amendments of 1898 is in Paul Posbnbr, Die 8taataverfaa$ungeH de§ 
Erdballs (Charlottenburg, 1909), pp. 16-31 and 31-32 respectively. 

«As amended 11/24 July 1911. 



BULGARIA. 81) 

Art. 11. The King is tlie supreme head of nil the military forces 
of the country in time of peace as well as in time of war. He con- 
fers military rank in accordance with the law. Those who enter 
upon the military career take an oath of fidelity to the King. 

Art. 12. The executive power belongs to the King. All the 
agencies of this power act in his name and under his high supervision. 

Art. 13. The judicial power belongs entirely to the authorities and 
persons vested with judicial powers, who act in the name of the 
King. The relations of the King with the judicial authorities are 
determined by special regulations. 

Art. 14. The King has the right to mitigate and commute pun- 
ishments in accordance with the rules laid down in the law on crim- 
inal procedure. 

Art. 15. The King has the right of pardon in criminal cases. 
The right of amnesty belongs to the King conjointly with the Na- 
tional Assembly. 

Art. 16. The rights of the King specified in Articles 14 and 15 
do not cover sentences passed upon ministers foi: violations of the 
Constitution. 

Art. 17.^ The King is the representative of the State in all its 
relations with foreign countries. The government negotiates and 
concludes in his name all treaties with foreign countries, which must 
be sanctioned by the King. The ministers inform the National As- 
sembly thereof as soon as the interests and security of the State per- 
mit (Article 92 of the Constitution). 

Nevertheless treaties of peace, of commerce, treaties obligating the 
State finances, those that are in derogation of laws now in existence, 
treaties relating to the public or civil rights of Bulgarian subjects 
do not become definitive until they have been voted by the National 
Assembly. 

In no case can the secret stipulations of a treaty nullify the pub- 
lished articles. 

Art. 18. Decrees and regulations emanating from the King are 
executory when countersigned by the respective ministers, who as- 
sume entire responsibility therefor. 

Chapter III. — The Residence of the King. 

Art. 19.* The King is obliged always to reside in the Kingdom. 
If he leaves it temporarily, he designates a Regency, which shall be 
conferred upon the Council of Ministers. The rights and the duties 
of the Regency shall be determined by a special law\ The King com- 
municates his departure and the designation of the Regency to the 
Council of Ministers, which infonns the nation thereof througli the 
official journal. 

^As amended 11/24 July 1011. 
88381—19-^ 7 



90 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 20. The heir to the throne must likewise reside in the King- 
dom and may not leave it except with the consent of the King. 

Chapter IV. — The Arms of the Kingdom, the Seal and the 

National Flag. 

Art. 21. The arms of the Bulgarian State consist of a crowned 
lion of gold on a dark red field. The shield is surmounted by the 
royal crown. 

Art. 22. The seal of the State shall bear the arms of the Kingdom. 

Art. 23. The Bulgarian flag is tricolor and consists of the colors 
white, green and red arranged horizontally. 

Chapter V. — The Order of Succession to the Throne. 

Art. 24.^ The Koyal dignity is hereditary in a direct line by right 
of primogeniture in the male descendance of His Majesty the King 
of the Bulgars, Ferdinand I of Saxe-Coburg and Gotha. A special 
law shall govern the order of succession to the throne. 

m 

Chapter VI. — The Majority of the King, the Regency and 

Guardianship. 

Art. 25. The reigning King and the heir to the throne attain their 
majority at the age of eighteen. 

Art. 26. If the King ascends the throne before attaining this age, 
a regency and guardianship are constituted for him until he attains 
his majority. 

Art. 27. The Regency is composed of three regents who are elected 
by the Grand National Assembly. 

Art. 28. The reigning King may also appoint three regents dur- 
ing his lifetime, if the heir to the throne has not attained his ma- 
jority. But in this case the consent and confirmation of the Grand 
National Assembly are necessary. 

Art. 29. Ministers, the president and members of the Court of 
Cassation and persons who have filled these offices in an irreproach- 
able manner may be members of the Regency. 

Art. 30. Members of the Regency on assuming office take an oath 
c^f fidelity to the King and the Constitution before the Grand Na- 
tional Assembly. After which they announce to the nation by proc- 
lamation that they have undertaken the government of the countrv 
within the limits of the royal power and in the name of the King. 

Art. 31. As soon as the King has attained his majority and taken 
oath, he assumes the government of the country and advises the na- 
tion thereof by a proclamation. 



^As amended 11/24 July 1911. 



BULGARIA. 91 

Art. 32. The education of the King during his minority and the 
administration of his estates are in the hands of the Queen widow 
and the tutors appointed by the Council of Ministers with the con- 
sent of the Queen. 

Art. 33. Members of the Regency may not be at the same time 
tutors of the minor King. 

Chapter VII. — ^Accession to the Throne and the Taking op 

THE Oath. 

Art. 34. Upon the death of the King the heir ascends the throne 
and immediately orders the convening of the Grand National As- 
sembly, before which he takes the following oath : 

I swear in the name of God Almighty that I shaU uphold devoutly and in- 
violably the Constitution and the laws of the Kingdom and that in all my 
actions I shall always have In view only the prosperity and welfare of the 
country. So help me God ! 

Chapter VIII. — Maintenance of the Kino and of the Members 

OF THE EOTAL HoUSE. 

Art. 35.* The National Assembly fixes by a special law the civil 
list of the King and of his court. 

Art. 36. The National Assembly fixes the amount for the main- 
tenance of the heir to the throne as soon as he has attained his 
majority. 

Chapter IX. — Religion. 

Art. 37. The Orthodox Christian Religion of the Eastern Rite 
is the State reljgion of the Kingdom of Bulgaria. 

Art. 38.^ The King may not profess any religion other than the 
Orthodox. An exception is made in the case of the present King. 

Art. 39. As the Kingdom of Bulgaria forms, from an ecclesias- 
tical point of view, an inseparable part of the pale of the Bulgarian 
Church, it is subject to the Holy Synod, which is the supreme 
authority of the Bulgarian Church, wherever the seat of that author- 
ity may be. It is through it that the Kingdom preserves its union 
with the Ecumenical Eastern Church in all that pertains to the 
dogmas of the faith. 

Art. 40. Unorthodox Christians and non-Christian inhabitants, 
whether subjects of the Kingdom or received as such, as well as 
foreigners permanently or temporarily residing in Bulgaria, enj'oy 
freedom of worship in so far as their religious practices do not vio- 
late existing laws. 

^As amended 11/24 July 1911. 



92 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 41. No one may, by virtue of his religious convictions, be 
exempted from the obligations of the laws in force, which are bind- 
ing upon everybody. 

Art. 42. The ecclesiastical affairs of unorthodox Christians and 
of non-Christians are governed by the respective religious authori- 
ties within the limits of the laws laid down on this subject and 
under the high supervision of the competent minister. 

Chapter X. — ^The Laws. 

Art. 43. The Bulgarian Kingdom shall be governed strictly in 
accordance with the laws, which are made and promulgated in the 
forms indicated in the present Constitution. 

Art. 44. No law may be promulgated, completed, modified, or re- 
pealed without first being discussed and voted upon by the Natiojial 
Assembly, which also has the right of interpreting its precise mean- 
ing. 

Art. 46. Every law voted by the National Assembly is submitted 
to the King for his sanction. 

Art. 46. After being sanctioned by the King, the law must be 
promulgated in full. Mention must be made in the promulgation of 
the law of its adoption by the National Assembly. No law has any 
force or effect before its promulgation. 

Art. 47. If the State is menaced by some internal or external 
danger and the National Assembly can not be convened, then, and 
in this case only, the King may, upon the representations of the 
Council of Ministers and their joint responsibility, publish ordi- 
nances and take measures which will have the same binding force 
as laws. The extraordinary ordinances and measures shall be sub- 
mitted to the approval of the first National Assembly which is con- 
vened thereafter. 

Art. 48. The measures and ordinances mentioned in Article 47 
may in no case have for their object the creation of taxes and con- 
tributions, which shall always be imposed with the consent of the 
National Assembly. 

Art. 49. The National Assembly alone has the right to decide 
whether all the formalities prescribed by the present Constitution 
have been fulfilled in the publication of a law. 

Art. 50. Kegulations for putting a law into effect and the meas- 
ures which must be taken to this end are in the hands of the execu- 
tive power. 

Chapter XI. — ^The Property or the State. 

Art. 51. The property of the State belongs to the Bulgarian King- 
dom, and neither the King nor the members of his family may 
assume the enjoyment thereof. 



BULGAJtlA. 93 

Art. 52. The manner in which this property may be alienated or 
mortgaged, as well as the use to which the revenue therefrom is to 
be put, shall be prescribed by law. 

Art. 53. The property of the State is administered by the compe- 
tent minister. 

Chapter XII. — The Citizens of the Bulgarian Kingdom. 

SECTION 1. — GENERAL RULES. 

Art. 54. All those who are born in Bulgaria and who have not- 
changed their nationality, as well as those who are born in foreign 
countries of parents who are Bulgarian subjects, are considered sub- 
jects of the Bulgarian Kingdom. 

Art. 55.^ Foreigners may be admitted to Bulgarian nationality by 
virtue of a law, to be drafted hereafter. 

Art. 56. Any subject of the Kingdom may change his nationality 
after he has completed his period of military service and fulfilled his 
other obligations toward the State, in conformity with a special law, 
to be drafted hereafter. 

Art. 57. All Bulgarian subjects are equal before the law ; no divi- 
sion into classes is tolerated in Bulgaria. 

Art. 58.^ Titles of nobility and other distinctions can not exist in 
the Kingdom. 

Art. 59.^ The King has the right to grant decorations. The crea- 
tion of decorations takes place by virtue of a special law. 

Art. 60. Citizens of the Bulgarian Kingdom alone enjoy political 
rights. All who dwell within the Kingdom have civil rights in con- 
formity with the laws. 

Art. 61. No one in the Bulgarian Kingdom has the right to buy or 
sell himian beings. 

Every slave of whatever sex, nationality, or religion is free as soon 
as he sets foot on Bulgarian territory. 

Art. 62. Laws concerning public order and police laws are equally 
binding upon all who live in the Kingdom. 

Art. 63. All immovable property, situated in the Kingdom, even 
though it belongs to foreigners, is governed by the Bulgarian laws. 

Art. 64. In all other respects, the condition of foreign subjects in 
the Kingdom is governed by special laws. 

SECTION 2. — THE SERVICE OF THE STATE AND PUBLIC OFFICE. 

Art. 65. Bulgarian subjects alone may be officials of the State or 
of the commune, or be admitted to service in the army. 

> As amended 11/24 July 1911. » As amended 15/27 May 1803. 



94 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 66. Foreign subjects may also be admitted to the service of 
the State, subject, however, to the approval of the National Assembly 
in every instance. 

SECTION 3. — ^THE RIGHT OF PROPERTY. 

Art. 67. The right of property is inviolable. 

Art. 68. Expropriation may take place only because of public 
utility and in consideration of a just indemnity. The mode of ex- 
propriation shall be determined by a special law. 

SECTION 4. — ^TAXES AND CONTRIBUTIONS IiEVIED BY THE STATE. 

Art. 69. Every subject of the Bulgarian Kingdom, without ex- 
ception, is obliged to pay the taxes and contributions established by 
the laws and to bear the other charges. 

Art. 70. The King and the heir to the throne are exempted from 
all taxes, contributions and other charges. 

SECTION 6. — MILITARY SERVICE, 

Art. 71. Every Bulgarian subject is liable to military service ac- 
cording to the law to this effect. 

Art. 72.^ A special law shall specify the crimes, imputable to 
soldiers in active service, that fall within the jurisdiction of the 
military courts and those that come within the competence of the 
courts of common law. 

SECTION 6. — INVIOLABILITY OF PERSON, DOMICILE AND CORRESPONDENCE. 

Art. 73,* No one may be subjected to punishment except by virtue 
of a definite judgment of a competent court. 

Neither exceptional tribunals nor commissions of inquiry may be 
created upon any pretext or under any designation whatever. 

In time of war or in case of imminent peril resulting from foreign 
invasion or an armed insurrection, when the entire country or cer- 
tain localities have been proclaimed to be in a state of siege, courts 
martial instituted by law come into operation. 

The state of siege is proclaimed by law, if the National Assembly 
is in session, or by decree on the joint responsibility of the ministers, 
if the said Assembly is not in session. In the latter case the National 
Assembly must be convened within five days to approve the decree 
issued to this effect. 

^Ab amended 11/24 July 1911. 

*AU of this article after Paragraph 1 was added 11/24 July 1011. 



BULGARIA. 95 

Art. 74. Imprisonment and domiciliary visits may take place only 
in accordance with the rules laid down by law. 

Art. 75. No punishment except that prescribed by law may be 
applied to any one whomsoever. 

Torture, as well as the confiscation of property, is prohibited. 

Art. 76.1 

Art. 77. The secrecy of private letters and telegrams is inviolable. 
The responsibility of officials relative to the violation of the secrecy 
of letters and telegrams shall be governed by a special law. 

SECTION 7. — PUBLIC INSTRUCTION. 

Art. 78. Primary instruction is obligatory and free to all sub- 
jects of the Bulgarian Kingdom. 

SECTION 8. — FREEDOM OF THE PRESS. 

Art. 79. The press is free. No censorship is permitted. No se- 
curity shall be required of writers, publishers, or printers. When 
an author is known and resides in the Kingdom, the publisher, the 
printer and the distributors shall not be prosecuted. 

Art. 80. The Holy Scriptures, ecclesiastical books and works 
dealing with the dogmas of the Orthodox Church, as well as man- 
uals on religion for use in Orthodox schools, shall first be submitted 
to the approval of the Holy Synod. 

Art. 81. All misdemeanors on the part of the press shall be judged 
according to law by the ordinary courts. 

section 9. FREEDOM OF ASSEMBLY AND OF ASSOCIATION. 

Art. 82. The inhabitants of the Bulgarian Kingdom have the 
right peaceably to assemble and to discuss unarmed any quCvStion 
without first asking permission. Meetings held in the open air are 
wholly subject to police regulations. 

Art. 83. Bulgarian citizens have the right to form associations 
without any previous authorization, provided the object of such as- 
sociations and the means employed do not jeopardize the security 
of the State, public order, religion, or public morals. 

SECTION 10. ^TIIE RIGHT OF PETITION. 

Art. 84. Every Bulgarian subject may present petitions to the 
competent authorities either individually or collectively. Legally 
constituted institutions may likewise present requests through ths 
intermediary of their representative. 

1 Rescinded 11/24 July 1911. 



96 CONSTITUTIONS OF THE STATES AT WAB, 

Chapter ^III. — National Kepresbntation. 

Art. 85. The representation of the Bulgarian Kingdom consists 
of a National Assembly, which may be: 

1. An Ordinary National Assembly. 

2. A Grand National Assembly. 

Chapter XIV. — The Ordinary National Assembly. 

SECTION 1. composition OF THE ORDINARY NATIONAL ASSEMBLY. 

Art. 86.^ The Ordinary National Assembly consists of represen- 
tatives elected by direct vote in the ratio of one deputy for every 
twenty thousand inhabitants of both sexes. Reperesentatives are 
elected for four years. 

All Bulgarian citizens who have attained the age of 21 years and 
who enjoy civil and political rights are electors. 

Bulgarian citizens enjoying civil and political rights, who have 
attained the age of 30 and who can read and write, are eligible for 
election as representatives. 

An electoral law shall be drafted.* 

Art. 87. Those elected represent not only their constituents, but 
the whole nation; that is why they may not accept any obligatory 
instruction from their constituents. Representatives are entirely 
free in their opinions as to the needs of the country and are guided 
only by their convictions and conscience. 

Art. 88. As soon as the session is opened, the National Assembly, 
under the presidency of its senior member, proceeds immediately to 
the election of its president and vice presidents. 

Art. 89. The National Assembly elects from among its members 
as many secretaries as are necessary. 

Art. 90. The ministers may attend the meetings of the Assembly 
and take part in the discussions. The Assembly is obliged to hear 
the ministers whenever they request the floor. 

Art. 91. For the purpose of presenting to the Assembly explana- 
tions on the subjects which are submitted, the King may, in the place 
and stead of the ministers or conjointly with them, appoint special 
commissioners in the Assembly, who in this case enjoy, like the minis- 
ters, the rights designated in the foregoing Article 90. 

Art. 92. The Assembly may invite the ministers and commission- 
ers to attend its meetings, in order to furnish such information and 
explanations as are required. The ministers and commissioners are 
obliged to present themselves before. the Assembly and to commu- 

^As amended 11/24 July 1911. 

* See introductory paragraphs preceding this Constitution. 



BULGABIA. 97 

nicate personally the explanations requested. The ministers and 
commissioners may on their own responsibility preserve silence as 
to facts, the premature divulging of which might be injurious to the 
interests of the State. 

SECTION 2. — FREEDOM OF OPINION AND INVIOLABILITT OF MEMBERS OF THE 

ASSEMBLY. 

Art. 93. Every member of the Assembly has the right freely to 
express his opinion and to vote according to his conviction and his 
conscience. No one may call him to account for the opinion he has 
expressed nor prosecute him because of it. 

Art. 94. The rights of the president and the responsibility of the 
members of the Assembly with regard to the rules to be observed in 
the meetings are determined by a special regulation governing the 
internal affairs of the Assembly. 

Art. 95. Members of the Assembly who during its session shall 
commit misdemeanors or crimes provided for by the criminal law 
may not be brought into court except with the authorization of the 
Assembly. 

Art. 96. Members of the National Assembly during the five days 
preceding the opening and throughout the entire session may not be 
arrested or tried, unless they are accused of crimes involving the 
heaviest penalties prescribed by the criminal law. In this case the 
arrest of a representative must be immediately communicated to 
the National Assembly, and not until it so authorizes may judicial 
prosecution be commenced. 

Art. 97. Kepresentatives may not be held for debt during the five 
days preceding the opening and throughout the entire session of the 
Assembly. 

Art. 98. The provisions relating to replacing deceased or retiring 
members of the Assembly are laid down bj' the electoral law. 

SECTION 3. — ^PUBLICITY OF THE MEETINGS OF THE NATIONAL ASSEMBLY. 

Art. 99. The meetings of the National Assembly are public. 

Art. 100. The president, one of the ministers or commissioners, or 
at least three members of the Assembly may propose to exclude the 
public from the Assembly chamber. Such a proposal is discussed in 
secret and decided by a majority vote of the members present. 

Art. 101. The decision mentioned in the preceding article (100) is 
publicly proclaimed by the president. 

Art. 102. No one bearing arms may enter the chamber or the 
building in which the Assembly is sitting. 



98 CONSTITUTIONS OF THE STATES AT WAR. 

Military guards and armed forces generally must not be placed at 
the door of the chamber or in the building of the Assembly itself or 
in the vicinity of that building, unless a majority of the Assembly so 
desires. 

Art. 103. The Assembly has its own internal police who are un- 
der the orders of the president. 

Art. 104. The National Assembly makes its own rules for its 
internal government and the manner in which it shall proceed to 
examine the questions upon which it is to pass. 

Chapter XV. — Attributions of the National Assembly. 

Art. 105. The attributions of the National Assembly are as fol- 
lows : 

1. To discuss bills, in pursuance of Artir le 44. 

2. To discuss proposals for loans to the State, for the increase, 
diminution or imposition of taxes and all kinds of contributions, as 
well as their distribution and the manner of their collection. 

3. To decree releas? from taxes and contributions which are 
in arrears and the collection of which appears to have become im- 
possible. 

4. To discuss the annual budget of re^ eipts and expenditures. 

5. To control the expenditure of the sums carried in the budget. 

6. To control the operations of the Court of Accounts, which 
is obliged to present to the Assembly detailed data on the use to 
w^hich 1;he budget has been put. 

7. To put questions as to the responsibility of ministers. 
Art. 106. The Assembly has the right to receive all kinds of pe- 
titions and requests and to transmit them to the respective ministers. 
It has the right to appoint commissions of inquiry in all the branches 
of the administration. 

Ministers are obliged to furnish explanations when the Assembly 
asks for them. 

Art. 107. The members of the Assembly have the right to address 
interpellations to the government; the government and the respec- 
tive ministers are obliged to reply thereto. 

Chapter XVI. — Rules Relating to the Presentation and Exami- 
nation OF Bills and Proposals. 

Art. 108. The King and the National Assembly have the right 
to initiate legislation. 

Art. 109. .Bills and proposal.-^ are presented to th^ Nr.tio"irl A^r- 
sembly by the respective ministers at the command of the King. 



BUIXJARIA. 99 

Any representative in the National Assembly may likewise pre- 
sent bills or proposals if he is supported by one fourth of the mem- 
bers present. 

Art. 110. Any bill or proposal presented to the National Assem- 
bly may be withdrawn so long as it has not been passed as a whole. 

Art. 111. The National Assembly may amend, complete, or cor- 
rect bills which are presented to it. 

Art. 112. If the government does not consent to the amendments, 
additions, or corrections in the bills presented by it, it may withdraw 
them or present them again in their original form, with explanations 
and remarks ; or it may present them with the amendments and addi- 
tions which it deems it advisable to introduce therein. 

Art. 113. If the Assembly rejects a bill in its entirety, it may not 
be again presented to the Assembly without modification at the same 
session. Such a bill may be presented at another session. 

Art. 114.^ Bills presented to the National Assembly may not be 
voted unless more than one third of all the representatives are pres- 
ent at the meeting. ' 

Art. 115.^ The members of the Assembly are required to vote in 
person and in public. The vote may, however, be in secret if at least 
ten member^ so request and if their request is granted by the National 
Assembly. 

Art. 116. The Assembly decides questions by a majority vote. 

Art. 117. In case of a tie vote, the bill or proposal is considered 
defeated. 

Art. 118. The King must make known to the Assembly, during its 
session, his decision on every resolution which is passed by the As- 
sembly and submitted to him. 

Chapter XVII. — The Budget. 

Art. 119. The budget is submitted every year to the National As- 
.sembly for discussion. 

Art. 120. As soon as the budget is voted by the National Assem- 
bly, it is submitted to the King for his sanction. 

Art. 121.^ The National Assembly discusses the proposed budget 
article by article. 

Art. 122. When the Assembly can not be convened and there are 
necessary emergency expenses to be provided for, the budget for the 
preceding year remains in force on the responsibility of the minis- 
ters until the National Assembly approves the expenditures made. 
This approval must be given at the next following session. 

* As amended 15/27 May 1893. 'As amended 11/24 July 1911. 



100 CONSTITUTIONS OF THE STATES AT WAR. 

Chapter XVIII. — State Loans. 

Art, 123. No loan may be contracted without the consent of the 
National Assembly. 

Art. 124. If it should become necessary to contract a loan, when 
the legislature is not in session, to meet extraordinary emerg^ency 
expenses, the Assembly is convened immediately in extraordinary 
session. 

Art. 125.* If there are serious obstacles in the way of convening 
the National Assembly, the King, on the initiative of the Council of 
Ministers, may decree a loan up to the sum of three million francs, on 
condition that such loan be submitted to the approval of the next 
National Assembly. 

Art. 126.* As regards expenses for which no credit has been 
opened, the King may, in such cases and in accordance with the 
formalities indicated in the preceding article (125), order them to be 
defrayed from the treasury funds, but on condition that all such 
expenses shall not exceed the sum of one million francs. 

Art. 127.^ The King convenes the National Assembly regularly 
every year. The session lasts from 15 October to 15 December [old 
style] and from 15 January to 15 March [old style]. But the Assem- 
bly may be convened in extraordinary session, if important matters 
are on its program. 

Chapter XIX. — The Convening of the Assembly. 

Art. 128. The place where the Assembly is to sit and the length of 
its session, as set forth in Article 127, are fixed by the convocation 
decree signed by the King. 

Art. 129. The ordinary session of the Assembly may be prolonged 
if the King and the National Assembly mutually consent thereto. 

Art. 130. The King opens and closes the Assembly in person or 
through a delegate specially designated for that purpose by procura- 
tion. 

Art. 131. Prior to the opening of the Assembly all its members 

take, simultaneously and according to the forms of their religion, 

the following oath : 

I swear in the name of the Only God to respect and defend the Constitu- 
tion and In the performance of ray duties in this Assembly to have always In 
view the welfare of the nation and of the King according to the dictates of my 
reason and my conscience. So help me God! Amen! 

Art. 132. Members of the clergy do not take this oath, but sol- 
emnly promise to act always according to the dictates of their eon- 



i As amended 15/27 May 1893. > As amended 11/24 July 1911. 



BULGABIA. 101 

science with a view to the common good of the country and of the 
King. 

Art. 133. At the opening of the Assembly the King's speech sets 
forth the condition of the country and indicates the bills and pro- 
posals which are to be submitted to the consideration of the Assembly. 

Art. 134. In reply to the royal speech, the Assembly presents an 
address to the King. 

Art. 135. After convening the Assembly, the King may prorogue 
the session for two months at most. A further prorogation in the 
course /of the same session may not take place except with the consent 
of the Assembly itself. 

Art. 136. The King may dissolve the Assembly and order new 
elections. 

Art. 137. The new elections must take place within two months 
at most and the new Assembly must be opened within not more than 
four months from the date of the dissolution of the preceding Na- 
tional Assembly. 

Art. 138. The members of the National Assembly may not meet 
in session unless they are convened by the King; neither may they 
meet after the adjournment, closure, or dissolution of the Assembly. 

Art. 139.^ All representatives receive per diem compensation. 
Traveling expenses, however, are not allowed except to those who do 
not reside in the locality where the National Assembly meets. 

Chapter XX — The Grand National Assembly. 

SECTION 1. — ^ATTRIBUTIONS OF THE GRAND NATIONAL ASSEMBLY. 

Art. 140. The Grand National Assembly is convened by the King, 
by the Regency, or by the Council of Ministers. 
Art. 141.^ The King convenes the Grand National Assembly : 

1. To discuss questions of the session or exchange of some part 
of the territory of the Kingdom. 

2. To pass upon the case provided for by Article 7 of the Con- 
stitution. 

3. To modify or revise the Constitution. 

There must be a vote of two thirds of all the members of the As- 
sembly. 

Art. 142. The Grand National Assembly may not be convened by 
the Regency except for the purpose of considering questions of the 
alienation or exchange of some part of the Kingdom. 

These questions are decided by a majority of the members of the 
Assembly present. 

1 As amended 15/27 May 1893. 



102 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 143. The Council of Ministers convenes the Grand National 
Assembly : 

1. To elect a new King in case the reigning King dies without 
leaving an heir. The election is decided by a majority of two thirds 
of the members of the Assembly present. 

2. To elect regents during the minority of the King. The elec- 
tion is decided by a majority of the Assembly present. 

Art. 144.^ The Grand National Assembly is composed of repre- 
sentatives elected directly by the people. The number of these 
deputies must be double that of the members of the Ordinary 
National Assembly, in the ratio of two representatives to every 
twentv thousand inhabitants of both sexes. The elections shall take 
place in accordance with a special electoral law. 

SECTION 2. COMPOSITION OF THE GRAND NATIONAL ASSEMBLY. 

Art. 145. The president, the vice-presidents and the required num- 
ber of secretaries are elected by the Assembly from among its mem- 
bers. Until these elections have taken place the senior member 
occupies the presidential chair. 

Art. 146. The Grand National Assembly may take up only the 
questions enumerated in Articles 141-143, for which it has been 
convened according to the Constitution, and it is dissolved immedi- 
ately after it has decided them. 

Art. 147. Articles 87, 90, 93, 104, 114, 115, 131 and 132 of the 
present Constitution are applicable also to the Grand National 
Assembly. 

Chapter XXI. — ^The Grand Bodies of the State : The Council of 

Ministers, the Ministries. 

Art. 148. The grand bodies of the State are : 

1. The Council of Ministers. 

2. The Ministries. 

Art. 149. The executive power, under the high supervision and 
direction of the King (Article 12), belongs to the ministers and their 
Council. 

Art. 150. The Council of Ministers is composed of all the minis- 
ters ; one of them is appointed President of the Council by the King. 

Art. 151. Aside from their regular duties in ordinary times, the 
Council of Ministers in certain cases set forth below is vested with 
the following rights and duties : 

1. In case the King should die without issue, the Council of 
Ministers assumes the government of the Kingdom and convenes 

^As amended 15/27 May 1893. 



BULGARIA. 103 

within one month the Grand National Assembly to elect the new 
King. 

2. The Council of Ministers assumes the government also in case 
the King should not have appointed a Regencj' before his death. 
The Grand National Assembly must be convened within one month 
for the election of regents (Paragraph 1). 

3. If the Queen widow is pregnant at the death of the King, 
the Kingdom is governed by the Council of Ministers until the 
Queen's delivery. 

4. If one of the regents should die, the Council of Ministers con- 
venes the Grand National Assembly for the election of a successor 
to the deceased regent, in accordance with the provisions of Para- 
graph 2. 

5. The Council of Ministers, on assuming the goA'ernment of the 
country in the cases mentioned in the present article (Paragraphs 
1-4), makes this fact known to the nation by a proclamation. 

6. As long as the Council of Ministers is in charge of the gov- 
ernment of the Kingdom, there can be no change of ministers. 

7. The members of the Council of Ministers, when they are pro- 
visionally in charge of the government of the country, receive only 
their salaries as ministers. 

Art. 1;)2. Ministers are appointed and dismissed by the King. 

Art. 153. Ministers are jointly responsible to the King and the 
National Assembly for all measures taken in common, and each one 
is personally responsible for his acts within the limits of his at- 
tribntions. 

Art. 154. Every official act signed by the King must be counter- 
signed, according to its character,. cither by all the ministers or by the 
mioister concerned. 

Art. 155. Charges may be brought against ministers by the Na- 
tional Assembly for treason against the country or the King, for 
violations of the Constitution, for corruption in office or injuries 
to the Kingdom in the furtherance of personal ends. 

Art. 156. Every accusation against a minister must bo presented 
in writing, with an enumeration of all the charges, and must be 
signed by at least one fourth of the members of the National As- 
sembly. 

Art. 157. A majority of two thirds of the members of the As- 
sembly present is necessary in order to place a minister on trial. 

Art. 158. Ministers are tried by a special court of the State, the 
composition of which shall be determined by a law. 

Art. 159. The King may not pardon a minister without tho con- 
sent of the National Assembly. 

Art. 160. The execution of the laws is entrusted to the grand 
bodies of the State called the ministries. 



104 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 161.^ The ministries are ten in number: 

1. The Ministry of Foreign Affairs and Worship. 

2. The Ministry of the Interior and Public Health. 

3. The Ministry of Public Instruction. 

4. The Ministry of Finance. 
6. The Ministry of Justice. 

6. The Ministry of War. 

7. The Ministry of Commerce, Industry and Labor. 

8. The Ministry of Agriculture and Domains of the State. 

9. The Ministry of Public Works. 

10. The Ministry of Railways, Posts and Telegraphs. 

Art. 162. A minister is placed at the head of each ministry. 

Art. 163. The King has the right of appointment to all the offices 
of the State. 

Art. 164. Every official takes an oath of fidelity to the King and 
the Constitution. 

Art. 165. Every official is responsible for acts pertaining to his 
duties. 

Art. 166. All officials appointed by the government are entitled to 
a pension, the basis and amount of which shall be determined by a 
special law. 

Chapter XXII. — ^The Mode of Revision and Modification of 

THE Constitution. 

Art. 167. Proposals for the modification or revision of the Consti- 
tution are made in the manner prescribed for the making of laws 
(Articles 108 and 109). 

Art. 168. In order to be adopted, the proposals referred to in the 
preceding article must receive a majority of more than two thirds of 
all the members of the National Assembly present. 

Art. 169. The Grand National Assembly is convened to examine 
the proposals mentioned in Article 167 and decides, by a two-thirdu 
majority of its members present, questions concerning the modifica- 
tion or revision of the Constitution. 

^As amended 11/24 July 1911. 



CHINA. 

On 12 February 1912, as the result of a revolution, the oldest of 
monarchies became a republic. The settlement at the close of the 
revolution, which united the- northern and southern provinces into 
the Republic of China, included among its terms the permanent union 
of North and South China and the abdication of the Emperor. Dele- 
gates from seventeen provinces met in Nanking and drafted a Pro- 
visional Constitution, which was promulgated by the Provisional 
President, Dr. Sun Yat-sen, on 11 March 1912. This Provisional 
Constitution, consisting of 56 articles, made provisijon (Article 53) 
for a National Assembly, which first met on 8 April 1913 as a bi- 
cameral body and initiated the drafting of a permanent Constitution. 
Before the completion of the draft. Articles 56-62, respecting the 
electijon of a President and Vice President, were passed by the As- 
sembly and Yuan Shih-k'ai was elected President. The entire draft 
Constitution of 113 articles was completed and submitted on 3 No- 
vember 1913 to the two houses of the National Assembly, but, before 
it could be adopted. Yuan, because he suspected complicity in the 
rebellion along the Yangtse River, unseated the Kuo-ming-tang mem- 
bers or Democrats — a fact which destroyed the quorum of both 
houses and in effect dissolved the National Assembly. Yuan there- 
upon appointed a Council of State (Ts'an Cheng Yuan), which in 
turn appointed a committee to draw up a new constitution. This is 
the Constitutional Compact of the Chung Hua Min Kuo of 68 articles, 
promulgated on 1 May 1914,^ by which Yuan became a virtual dic- 
tator. Attempts to revert to a monarchy were checked only by the 
death of Yuan on 6 June 1916. The Provisional Constitution of 11 
March 1912 was then revived, and in September the National As- 
sembly was reconvened. The revision of the draft Constitution was 
immediately taken up and was nearly completed when the National 
Assembly was suddenly dissolved in June 1918.^ 

» Ct. The China Year Book, 1916, pp. 437-443. 

'These introductory paragraphs are based upon Mix-ch'ien T. Z. Tyau, China'6 Neio 
ConstitutUm and International Problems (Shanghai, 1018). which gives a brief histoi^ir 
of the constltational development, an analysis of the permanent Constitution so nearly 
adopted in 1918 and an estimate of the latter in comparison with the Provisional Con- 
stitation and the constitutions of other countries. Of. also The Statesman's Year Book 
(1917 and 1918) and The China Year Book (1916). 

105 

88381—19 8 



106 CONSTITUTIONS OF THE STATES AT WAR. 

PKOVISIONAL CONSTITUTION OF 11 MABCH 1912.' 

Chapter I. — General Provisions. 

AicnciiE 1. The Republic of China is composed of the Chinese 
people. 
Art. 2. The sovereignty of the Chinese Republic is vested in the 

people. 

Art. 3. The territory of the Chinese Republic consists of 22 prov- 
inces, Inner and Outer Mongolia, Tibet and Chinghai. 

Art. 4. The sovereignty of the Chinese Republic is exercised by 
the Advisory Council, the Provisional- President, the Cabinet and 
the Judiciary. 

Chapter II. — Citizens. 

Art. 5. Citizens of the Chinese Republic are all equal, and there 
shall be no racial, class or religious distinctions. 
Art. 6. Citizens shall enjoy the following rights: 

1. The person of the citizens shall not be arrested, imprisoned, 
tried or punished except in accordance with law. 

2. The habitations of citizens shall not be entered or searched 
except in accordance with law. 

3. Citizens shall enjoy the right of the security of their property 
and the freedom of trade. 

4. Citizens shall have the freedom of speech, of .composition, of 
publication, of assembly and of association. 

5. Citizens shall have the right of the secrecy of their letters. 

6. Citizens shall have the liberty of residence and removal. 

7. Citizens shall have the freedom of religion. 

Art. 8. Citizens shall have the right of petitioning the executive 
officials. 

Art. 9. Citizens shall have the right to institute proceedings be- 
fore the judiciary and to receive its trial and judgments. 

Art. 10. Citizens shall have the right of suing officials in the 
administrative courts for violation of law or gainst their rights. 

Art. 11. Citizens shall have the right of participating in civil 
examinations. 

Art. 12. Citizens shall have the right to vote and to be voted for. 

Art. 13. Citizens shall have the duty to pay taxes according to 
law. 

Art. 14. Citizens shall have the duty to enlist as soldiers accord- 
ing to law. 

1^ Translation from the Peking Daily New8, verified by the Chinese Secretary of the 
American Legation, Peking, China, and published in Supplement to the Amerioan Journal 
of International Law, 6 (1912) : pp. 149-154. A French translation is in the Annuaire 
<fe Ugialation ^trangdre, 12 (1912), pp. 59S-602. 



CHINA. 107 

Art, 15. The rights of citizens as provided in the present chap- 
ter shall be limited or modified by laws provided such limitation 
or modification shall be deemed necessary for the promotion of 
public welfare, for the maintenance of public order or on account 
of extraordinary exigency. 

Chapter III. — ^Thb Advisory Council. 

Art. 16. The legislative power of the Chinese Bepublic is exer- 
cised by the Advisory Council. 

Art 17. The Advisory Council shall be composed of members 
elected by the several districts as provided in Article 18. 

Art. 18. The Provinces, Inner and Outer Mongolia and Tibet 
shall each elect and depute five members to the Advisory Council 
and Chinghai shall elect one member. 

Art. 18. The election districts and methods of elections shall be 
decided by the localities concerned. 

During the meeting of the Advisory Council each member shall 
have one vote. 

Art. 19. The Advisory Council shall have the following powers: 

1. To pass all law bills. 

2. To pass the budgets of the provisional government. 

3. To pass laws of taxation, of currency, and of weights and 
measures for the whole country. 

4. To pass measures for the calling of public loans and to con- 
clude contracts affecting the national treasury. 

5. To give consent to matters provided in Articles 34, 35 and 40. 

6. To reply to inquiries from the provisional government. 

7. To receive and consider petitions of citizens. 

8. To make suggestions to the government on legal or other 
matters. 

9. To introduce interpellations to members of the cabinet and 

to insist on their being present in the Council in making replies | 

thereto. I 

10. To insist on the government investigating into any alleged 
bribery and infringement of laws by oflScials. 

11. To impeach the Provisional President for high treason by 
a majority vote of three fourths of the quorum consisting of more 
than four fifths of the total number of the members. 

12. To impeach members of the cabinet for failure to perform 
their official duties or for violation of the law, by majority votes of 
two thirds of the qilorum consisting of over three fourths of the total 
number of the members. 

Art. 20. The Advisory Council shall itself convoke, open and ad- 
journ its own meetings. 



108 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 21. The meetings of the Advisory Council shall be conducted 
publicly, but secret meetings may be held at the instigation of mem- 
bers of the cabinet or by the majority vote of its quorum. 

Art. 22. Matters passed by the Advisory Council shall be com- 
municated to the Provisional President for promulgation and exe- 
cution. 

Art. 23. If the Provisional President should veto matters passed 
by the Advisory Council, he shaU, within ten days after he received 
such resolutions, return the same with stated reasons to the Council 
for reconsideration. If the same matter should again be passed by a 
two-thirds vote of the quorum of the Council, it shall be dealt with 
in accordance with Article 22. 

Art. 24. The President of the Advisory Council shall be elected by 
ballots signed by the voting members, and the one who receives more 
than one half of the total number of the votes cast shall be elected. 

Art. 25. Members of the Advisory Council shall not, outside the 
Council hall, be responsible for their opinions expressed and votes 
ca^t in the Council. 

Art. 26. Members of the Council shall not be arrested without 
the permission of the President of the Council, except for crimes 
committed at the time of arrest and for crimes pertaining to civil 
and international warfare. 

Art. 27. Procedures of the Advisory Council shall be decided by 
its own members. 

Art. 28. The Advisory Council shall be dissolved on the day of the 
convocation of the National Assembly and its powers shall be exer- 
cised bv the latter. 

Chapter IV. — The Provisional President and Vice-President. 

Art. 29. The Provisional President and Vice-President shall be 
elected by the Advisory Council, and he who receives two thirds of 
the lotal amount of votes cast by a sitting of the Council consisting 
of over three fourths of the total number of members shall be elected. 

Art. 30. The Provisional President represents the provisional gov- 
ernment as the fountain of all executive powers and for promulgat- 
ing all laws. 

Art. 31. The Provisional President may issue or cause to be issued 
orders for the execution of laws and of powers delegated to him by 
the laws. 

Art. 32. The Provisional President shall be the commander-in- 
chief of the army and navy of the whole of China. 

Art. 33. The Provisional President shall ordain and establish the 
administrative system and official regulations, but he must first sub- 
mit them to the Advisory Council for its approval. 



CHrNTA. 109 

Art. 34. The Provisional President shall appoint and remove civil 
and military officials, but in the appointment of members of the Cabi- 
net, ambassadors and ministers, he must have the concurrence of the 
Advisory Council. 

Akt. 35. The Provisional President shall have power, with the 
concurrence of the Advisory Council, to declare war and conclude 
treaties. 

Art. 36. The Provisional President may, in accordance with law, 
declare a state of siege. 

Art. 37. The Provisional President shall, representing the whole 
country, receive ambassadors and ministers of foreign countries. 

Art. 38. The Provisional President may introduce bills into the 
Advisory Council. 

Art. 39. The Provisional President may confer decorations and 
other insignia of honor. 

Art. 40. The Provisional President may declare general amnesty, 
grant special pardon, commute a punishment and restore rights, but, 
in the case of a general amnesty, he must have the concurrence of 
the Advisory Council. 

Art. 41. In case the Provisional President is impeached by the 
Advisory Council, he shall be tried by a special court consisting of 
nine judges elected among the justices of the Supreme Court of the 
realm. 

Art. 42. In case the Provisional President vacates his office for 
various reasons, or is unable to discharge the powers and duties of 
the said office, the Pro%dsional Vice-President shall take his place. 

Chapter V. — Members of the Cabinet. 

Art. 43. The premier and the chiefs of the government depart- 
ments shall be called members of the Cabinet,^ 

Art. 44. Members of the Cabinet shall assist the Provisional Presi- 
dent in assuming responsibilities. 

Art. 45. Members of the Cabinet shall countersign all bills intro- 
duced by the Provisional President and all laws and orders issued 
by him. 

Art. 46. Members of the Cabinet and their deputies may be pres- 
ent and speak in the Advisory Council. 

Art. 47. After members of the Cabinet have been impeached by 
the Advisory Council, the Provisional President may remove them 
from office, but such removal shall be subject to the reconsideration 
of the Advisory Council. 

* Literally, secretaries of State affairs. 



110 CONSTITUTIONS OF THE STATES AT WAR. 

Chapter VI. — The Judiciary. 

Art. 48. The judiciary shall be composed of those judges ap- 
pointed by the Provisional President and the Chief of the Depart- 
ment of Justice. 

The organization of the coarts and the qualification of judges shall 
be determined by law. 

Art. 49. The judiciary shall try civil and criminal cases, but cases 
involving administrative affairs or arising from other particular 
causes shall be dealt with according to special laws. 

Art. 50. The trial of cases in the law courts shall be conducted 
piiblicly, but those affecting public safety and order may be in 
camera. 

Art. 51, Judges shall be independent and shall not be subject to 
the interference of higher officials. 

Art. 52. Judges during their continuance in office shall not have 
their emoluments decreased and shall not be transferred to other 
offices, nor shall they be removed from office except when they are 
convicted of crimes, or of offences pimishable according to law by 
removal from office. 

Regulations for the punishment of judges shall be determined by 
law. 

Chapter VII. — Supplementary Articles. 

Art. 53. Within ten months after the promulgation of this Pro- 
visional Constitution, the Provisional President shall convene a 
national assembly, the organization of which and the laws for the 
election of whose members shall be decided by tHe Advisory Council. 

Art. 54. The Constitution of the Republic of China shall be 
adopted by the National Assembly, but before the promulgation ol 
the Constitution, the Provisional Constitution shall be as effective as 
the Constitution itself. 

Art. 55. The Provisional Constitution may be amended by the 
assent of two thirds of the members of the Advisory Council or upoTi 
the application of the Provisional President, and being passed by 
over three fourths of the quorum of the Council consisting of over 
four fifths of the total number of its members. 

Art. 56. The present Provisional Constitution shall take effect on 
the date of its promulgation and the fundamental articles for the 
organization of the provisional government shall cease to be effec- 
tive on the same date. 



COSTA RICA, 

The State of Costa Rica was not established as an independent 
republic until 21 January 1847, nine years after the dissolution of 
the Central American Confederation. Its Constitution as a federal 
State, which dated from 2 January 1825, then gave way to a new 
Constitution,^ which underwent a reform on 22 November 1848,^ 
From 1848 to 1859 Costa Rica attained to a remarkable degree of 
prosperity. New Constitutions were established 26 December 1859,* 
18 February 1869* and 7 December 1871,° the last of which was 
amended several times ® and was in force actually or nominally until 
the Constitution of 8 June 1917 was promulgated.^ 



CONSTITUnON OF 8 JUNE 1917.« 

[Preamble.] 

We, the representatives of the people of Costa Rica, having legiti- 
mately assembled to revise the political Constitution and to proceed 
to the total reformation thereof, in order to secure upon solid bases 
the common welfare and the benefits of liberty, and of a government 
adapted to the genei'al necessities and conveniences, decree and sanc- 
tion the following political Constitution. 

Chapter I. — ^The Republic and the Government in General. 

Article 1. Costa Rica is and shall remain a free and independent 
Republic. 

It may, however, form a single political unit with one, several, or 
all of the other Republics of Central America. 

> EDglish translation In British and Foreign State Papers, 85 : pp. 44-73. 
» English translation In British and Foreign State Papers, 37 : pp. 777-793. 
» English translation in British and Foreign State Papers, 50 : pp. 1092-1111. 

* English translation in British and Foreign State Papers, 59 : pp. 216-235. 

' English translation of Constitution of 7 December 1871 in British and Foreign 
State Papers, 63 : pp. 294-313. Spanish text of Constitution of 1871 with amendments 
to 1905 in Paul Poseneb^ Die Stoats verfassungen des Erdhalls (Charlottenburg. 1909). 
pp. 1096-1113; the same with English translation in parallel columns in J. I. Rodbigiez, 
American Constitutions, vol. i (Washington, 1906), pp. 326-357. 

* English translations of the amendments of 26 April 1882 and 12 May 1897 are 
in British and Foreign State Papers, 78 : pp. 608-609, and 89 : p. 1129, respectively. 

^Thls Introductory paragraph Is based upon F. R. Dareste et P. Darbste, Les Con- 
stitutions modemes (8d edition, Paris, 1910), vol. ii, pp. 566-567. 

« Translated by Antonio M. Opisso from the official Spanish text as printed in La 
Oaceta of 18 June 1917. 

Ill 



112 CONSTITUTIONS OF THE STATES AT WAK. 

The treaties of union which may be concluded for this purpose 
shall be submitted to Congress at the next ordinary session; should 
Congress approve said treaties by a vote of two thirds of the members 
present, it shall issue a call to the towns of the Republic to elect a 
Constituent Assembly for the sole purpose of ratifying or rejecting 
them. 

Should the Assembly ratify said treaties by a vote of three fourths 
of the total number of its members, they shall become final and bind- 
ing on the Republic. In this event it belongs to the Assembly to dic- 
tate the necessary laws for executing and carrying out said treaties. 

Art. 2. The sovereignty resides essentially and exclusively in the 
nation, from whom public powers emanate, which powers are limited 
and must be exercised in accordance with the provisions of this Con- 
stitution. 

Art. 3. No public authority shall validly enter into compacts, 
agreements, or treaties which may jeopardize the sovereignty and in- 
dependence of the Republic. Whoever is guilty of this attempt shall 
be held as a traitor. 

The foregoing provision shall not prevent public treaties from being 
concluded and approved for a political union as provided for in Ar- 
ticle 1 ; nor treaties to modify the boundaries of the national territory ; 
nor those providing for the construction of any inter-oceanic canal 
whicli may affect the sovereignty over a part of the territory; nor 
treaties for the alienation of any island belonging to the State, situ- 
ated at a distance of over one hundred miles from the coast. 

In order that the treaties which may be concluded for any of the 
last three mentioned purposes may become valid, they shall be sub- 
mitted to Congress at two different terms of session, whether ordi- 
nary or extraordinary, with an interval of two months at least be- 
tween each term, and must be approved by a vote of three fourths of 
the total number of its members. 

Railways and tramways belonging to the State and devoted to the 
public service can not be alienated. Neither can they be leased out 
unless a law should provide so in each case by a vote of two thirds of 
the respective chamber. 

Art. 4. The government of the Republic is popular, representative, 
alternative and responsible. 

It shall be vested in three different powers independent of each 
other, to be known as the legislative, the executive and the judicial 
powers. 

The legislative power shall never grant omnimodous powere to the 
executive, or delegate to it the power to legislate ; nor shall the legis- 
lative or the executive power in any case exercise judicial functions 
(except as provided for in the case of the Senate sitting as a court for 
political trials), nor take jurisdiction on pending cases or ask for 



COSTA RICA. lis 

these to be brought before them ad effectum videndi, nor cause the 
reopening of finished eases. 

Akt. 5. The territory of the Republic, which is situated between the 
Atlantic and Pacific Oceans, is bounded on the northwest by the Re- 
public of Nicaragua, from which it is separated by the line estab- 
lished in the Treaty of Canas- Jerez of 15 April 1858, and by Cleve- 
land's Award of 22 March 1888. It is bounded on the southeast by 
the Republic of Panama, from which it is separated by the line estab- 
lished by Loubet's Award of 11 September 1900, the Anderson-Porras 
Treaty of 17 March 1910 and by White's Award of 12 September 1914. 

Art. 6. No one shall assume the title of sovereign, and whoever 
should do so shall be prosecuted in accordance with the Penal Code. 

No authority shall assume powers not granted to it by law. 

Public officials are not owners, but mere depositories of authority. 
They are subject to the laws; they shall never be considered or held 
as superior to them, and they are directly and immediately responsible 
for the acts they may execute in the exercise of their functions. The 
action to accuse them shall be popular. 

No venal employments are recognized. 

Art. 7. All orders emanating from the legislative or executive 
powers which are contrary to the Constitution shall be null and void 
and without effect, whatever be the form in which they may be issued. 
Courts of justice shall not obey or apply them in any case. 

All acts of those usurping public powers, and all employments given 
without the requirements demanded by the Constitution, or in default 
thereof, without the requirements provided by law, shall also be null 
and void. 

Art. 8. The Roman Catholic Apostolic religion is the religion of the 
State. The State shall contribute to its support without thereby pre- 
venting the free exercise of any. other form of worship which does 
not oppose universal morals or good customs. 

The declaration referred to in this article does not affect existing 
legislation, nor hinder in any way the freedom of action of public 
powers in regard to any national interests. 

Art. 9. Primary education shall be obligatory and gratuitous. 

The State shall take charge of the public primary schools as well 
as of normal schools. 

Primary schools which are supported by private individuals shall 
be under the supervision of the government. 

The State shall maintain the institutions for secondary education 
now in existence, and has the power to create other centers of the 
same character and to contribute to their support and to that of pro- 
fessional schools which may be established either by public or private 
initiative. It has likewise the power to reestablish the University. 



114 CONSTITUTIONS OF THE STATES AT WAR. 

All Costa Ricans or foreigners are free to give or receive the 
instruction which they may deem convenient in those establishments 
which are not supported by public funds. 

Art. 10. It is the duty of the State to look after the welfare of the 
working classes, and for this purpose it shall enact all necessary 
laws; in default of social initiative it shall promote, and in all 
cases it shall support to the extent of its resources, such institutions 
as may have for their object to harmonize, on the basis of justice, the 
relations between patrons and workmen, and those which tend to 
meliorate the financial status of the latter and to assist them in case 
of illness, old age or accident, cessation of work or other misfortunes 
independent of their will. 

Art. 11. Every public official shall take an oath in accordance with 
the following formula : 

Do you swear before God, and do you promise to your country to observe and 
defend the Constitution and the laws of the RepubUc, and to faithfully fulfill 
the duties of your office? 

I do. 

If you do so, may God help you ; if not, may He and the country demand it 
from you. 

Art. 12. The military force is subordinated to the civil power; it 
is essentially passive and must never dfeliberate. 

Chapter II. — Indiv^idual Guarantees. 

Art. 13. All men are equal before the law. 

The State does not grant nobility titles or hereditary prerogatives 
or honors, nor does it recognize those granted by another nation. 

It does not admit in any form the institution of slavery. The 
slave who arrives at Costa Eican territory shall, by that very fact, 
be held and treated as a free man. 

Art. 14. No law shall be given retroactive effect to the prejudice 
of any person or of his vested rights. 

Art. 15. The right of property is inviolable, and no one shall be 
deprived of his property except by virtue of a judicial decree, and 
for reasons of public utility judicially declared, and after payment 
of the actual value of both the property and the resulting damages 
which may be proved, all as appraised by experts. 

In case of war or of internal disturbances, and only for the pur- 
pose of attending to the national defense or to the restoration of 
public order, the administrative authority shall declare the need of 
expropriation without previous indemnity. In this event real prop- 
erty shall be temporarily occupied only for military purposes or to 
devote the proceeds thereof to the need3 of the army. The State is 
always liable for the expropriations, which the executive may make, 
either by himself or through his agents. 



COSTA BICA. 115 

No law shall provide that private property shall become the prop- 
erty of the State in case that the owner thereof should have given it 
an inexact value for the purpose of taxation, and that the State, 
either by itself or through a third party, may offer to take it for the 
appraised value and a premiimi. 

Mines may be olaimed even on private land, but they shall not be 
worked or adjudicated without previous payment to the owner of 
the surface for the value of the land to be occupied and the damages 
resulting therefrom, as the authorities may order and experts may 
appraise. 

Art. 16. No one shall be prevented from engaging in any profes- 
sion, industry, commerce or work he may desire, provided they are 
lawful. This right shall only be restricted by a judicial decree when- 
ever the rights of a third party are impaired or by an administrative 
order issued in accordance with the law, whenever the public security 
or health or the interests of the nation demand it. 

The law shall determine what professions require a degree and 
what conditions must be fulfilled in order to obtain said degree. 

Foreigners may engage in the liberal professions provided Costa 
Ricans enjoy the same rights in their respective countries. 

Art. 17. No person diall be imprisoned for debts of purely civil 
character. 

Art. 18. Private actions which do not affect public order or morals 
or which do not result to the injury of a third party are beyond the 
pale of law. 

Art. 19. No one shall be molested or prosecuted for any act which 
does not violate the law, nor for any written or spoken statement 
of his political opinions. Nevertheless, neither clergymen nor lay- 
men shall in any manner make political propaganda invoking motives 
of religion or making use, as a means for such propaganda, of the 
religious beliefs of the people. 

Art. 20. No one shall do justice by himself, or execute any acts 
of violence to enforce his rights. The power to judge civil and 
criminal cases belongs exclusively to the tribunals of justice. 

Art. 21. All Costa Bicans or foreigners must apply to law to seek 
redress for the injuries or damages which they may have suffered in 
their person, property, or honor. Prompt and full justice must be 
dealt in strict conformity with the laws. 

Courts of justice shall not be excused from exercising their author- 
ity on the ground of lack of legal provision, which may settle the 
litigation or conclude the case submitted to their decision. If there 
is no law applicable, they shall apply the general principles of law 
and pf eternal justice. 



116 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 22. All Costa Eicans or foreigners have the right to terminate 
their civil suits by means of arbiters before or after having started 
legal proceedings. 

Art. 23. The same judge shall not sit in different stages {instan- 
cias) in the same case. 

Art. 24. No penalty shall be imposed which has not been provided 
previously for the crime or misdemeanor of which one may be guilty. 

All penalties are personal. No torture, infamous penalties or con- 
fiscation of property shall be imposed. The latter provision does not 
prevent confiscation of the instruments or objects used in the com- 
mission of the crime. 

Art. 25. No one shall be tried by a specially appointed commission, 
court or judge, except by the court designated and previously estab- 
lished by law. 

Only those who are guilty of the crime of sedition and rebellion 
and the members of the army who are in active service shall be sub- 
ject to military jurisdiction for crimes of any kind which they may 
commit. Those armed bodies, which, according to the law, are mili- 
tarily regulated are to be considered as military bodies. 

Ordinary courts shall take cognizance of appeals and writs of error 
which may be taken or brought in military cases. Any judgment or 
order dismissing a case can always be taken up in consultation. 

Art. 26. No one shall be compelled to testify against himself in a 
criminal case brought against him. Nor shall his spouse, descend- 
ants, ascendants, brothers by blood or affinity be compelled to testify 
against the accused. 

Art. 27. No penalty shall be imposed without the accused having 
been heard and convicted by a court, and until the judgment ren- 
dered by a competent judge or authority imposing such penalty has 
become final. 

Physical constraint in civil matters is excepted. 

Art. 28. Criminal procedure laws must secure in an eflBcient manner 
the right of defense of the accused, and consequently, the right to 
have his plea heard, to have his proofs admitted and to be defended 
by the person he may choose, and in default thereof, by a person ap- 
pointed by the court. 

Art. 29. Human life is inviolable. 

Art. 30. No one shall be arrested without information that he has 
committed an offense and without written order from a judge or 
authority entrusted with the preservation of public order, except 
when the accused has been declared a fugitive from justice. 

A person caught in the act may be arrested without previous order 
by any person for the sole purpose of bringing him before the cojnpe- 
tent authoritv. 



COSTA BICA. 117 

No person shall be kept under arrest for more than three days 
without a formal warrant of arrest stating the crime which is im- 
puted to the person arrested and the place, time and circumstances 
thereof, and all the facts brought out by the summary investigation. 

Wardens of prisons shall not receive any one as a prisoner without 
noting down in the register book the warrant of arrest emanating 
from the official who has the power to issue it. They may, however, 
receive as detention prisoners, those who are brought in to be pre- 
sented to the judge or competent authority, but they are obliged to 
report to the latter within twenty-four hours. 

Art. 81. Every inhabitant of the Republic is entitled to the writ 
of habeas corpus. 

Art. 82. All persons may, in times of peace, enter or leave the Re- 
public, travel through its territory and change their residence. 

The exercise of this right of free locomotion is subject to the 
powers of the authority in cases of criminal, civil or police liability, 
and to the provisions of the law, in so far as it relates to emigration, 
immigration and general health or the administrative expulsion of 
non-desirable foreigners. 

Art. 33. The dwelling of the inhabitants of the Republic is an in- 
violable asylum which shall only be entered in the special cases des- 
ignated by law, and by virtue of an order emanating from the proper 
authoritv. 

Art. 84. Postal and telegraphic correspondence is inviolable. 

Private letters and papers shall only be intercepted, taken or reg- 
istered by public officials through an order emanating from the 
proper authority in such cases and under such formalities as are es- 
tablished by law, and for the sole purpose of procuring legal evidence 
to be presented in criminal cases which are not of a political nature. 
Papers or private letters which are procured by any other means 
shall not constitute valid proof. 

Art. 35. Any one may communicate his thoughts by spoken or writ- 
ten words or through the agency of the press without previous cen- 
soring, but shall be liable for any offense committed in the exercise 
of this right in such cases and manner as the law may provide. 

Art. 36. All the inhabitants of the Republic have the right to as- 
semble peacefully and without arms, for the purpose of engaging in 
private business or to discuss political matters, and examine the pub- 
lic conduct of government officials. In order to assemble in the 
streets, squares, and other public places, it shall be necessary to give 
notice to the political authorities of the place, foi; the puropse of pre- 
serving order. 

Art. 37. The right of petition may be exercised individually or 
collectively. But no person or number of persons may take up the 



118 CONSTITUTIONS OF THE STATES AT WAR. 

representation of the people, assume its rights, or make petitions on 
its behalf.. Any one doing so shall be guilty of sedition. 

Art. 38. The individual guarantees set forth in the six foregoing 
articles shall be suspended when the Republic is in imminent peril, 
either by foreign aggression or by internal upheaval. The suspension 
shall extend to all these guarantees or to one or more of them, either 
throughout the whole territory of the Bepublic or only in a part 
thereof, and shall last not more than thirty days. 

The suspension shall be decreed by Congress at the request of the 
executive, by two thirds of the votes of the members present. 

The executive shall, in regard to persons, only order their detention 
in a place not set apart for common culprits, or decree their confine- 
ment in inhabited and healthy places. In no case shall the executive 
torment or vex them. He shall report to Congress at its next session 
all measures taken to preserve public order or maintain the security 
of the State. These measures shall cease immediately after the guar- 
antees are restored. 

During the recess of Consress, the executive shall, in the Council 
of Ministers, decree this suspension under the terms and with the 
limitations aforesaid, and shall immediately report to the legislative 
power. The decree of suspension in the latter case shall amount to a 
call to Congress to convene at twelve o'clock on the day following 
that in which the order has been published. Should Congress not 
confirm this measure by a vote of two thirds of the members present, 
the guarantees shall be considered reestablished. 

Chapter III. — Nationality and Citizenship. 

Art. 39. The following are Costa Ricans, by birth or origin : 

1. The legitimate children of a Costa Rican father, and the ille- 
gitimate children of a Costa Rican mother, wherever they may be 
bom. 

2. The illegitimate children of a foreign mother, born in Costa 
Rica, and under 21 years of age, acknowledged by a Costa Rican 
father with the consent of the mother. 

3. A child bom or found in Costa Rican territory whose parents 
or nationality are unknown. 

4. The legitimate children of a foreign father and the illegiti- 
mate children of a foreign mother born in Costa Rica, who, by their 
own will, register in the civil registry after reaching the age of 21 
years, or before reaching this age, with the consent of their father 
or mother. 

5. The inhabitants of the Republic who have acquired the 
Costa Rican nationality of origin in accordance with former laws, 
and who have not lost this nationality afterwards in accordance with 
the law. 



COSTA RICA. 119 

Art. 40, The following are natucalized Costa Ricans : 

1. Costa Ricans who, after having lost their nationality, recover 
it in accordance with the law. 

2. Foreigners who heretofore should have acquired the status of 
naturalized Costa Ricans in accordance with the law, and have not 

lost it. 

3. A foreign woman who marries a Costa Rican. She shall retain 

her status even if she becomes a widow. 

4. Foreigners of good conduct and with known business and 
means of living, who after having resided five years in the country 
should obtain naturalization papers in accordance with the law. The 
period of residence shall be reduced to one year for natives of any of 
the Republics of Central America. 

5. Foreigners who render or have rendered important services 
to the State, or who are people of great ability or of great scientific 
or artistic culture, or who bring with themselves interesting inven- 
tions or open great establishments of positive benefit to the country 
shall obtain from the executive power the Costa Rican nationality, 
after having resided one year in Costa Rica. 

Naturalization of a foreigner carries with it that of his wife and 
minor children under 21 years. The latter may, however, on reach- 
ing their twenty-first year, choose the nationality of origin. 

Art. 41. The following lose their Costa Rican nationality : 

1. Costa Ricans who become naturalized in a foreign country. 

2. Those who, without the consent of the government, accept 
titles or decorations conferred by a foreign government, unless said 
titles are literarv or scientific, in which case thev mav be freelv ac- 
cepted. 

3. Those who, without special permission from the government, 
enter the military service of a foreign nation or enlist in a foreign 
military body. 

4. The illegitimate child of a Costa Rican mother, on being ac- 
knowledged, with her consent, by his foreign father, provided that 
by the law of the respective country said child acquires that na- 
tionality. 

5. Any Costa Rican woman who marries a foreigner. She shall 
preserve her foreign nationality unless, according to the law of her 
husband's country she does not acquire the latter's nationality, since 
in such case she shall continue to be a Costa Rican. 

6. He who in any manner and for any reason asks for or pro- 
vokes the intervention of any foreign Power against the Republic,^ 
or takes refuge in a legation or in a warship of a foreign nation or 
in any other place protected by the privilege of extraterritoriality, 
in order to elude the national laws or authorities. Costa Ricans who 



120 CONSTITUTIONS OF THE STATES AT WAR. 

lose their nationality by the first of the causes enumerated in this 
paragraph can never recover it. 

Art. 42. No citizen or subject of a nation with which Costa Eica 
may be at war, nor those who have been declared in other countries 
to be pirates, slave traders, guilty of incendiarism, counterfeiters of 
coin, of bank notes, of Treasury notes or of other documents of pub- 
lic credit, murderers, plagiarists or robbers, shall be granted Costa. 
Rican nationality. 

Art. 43. The naturalization of a foreigner shall become void by 
residence in his country of origin for two consecutive years, unless he 
resides therein in the discharge of an official commission of the Costa 
Rican government or with the permission of the latter. 

Art. 44. The law shall determine the means and the manner by 
which Costa Rican nationality may be recovered. 

Art. 45. The following are the duties of Costa Ricans : to obey the 
Constitution and the laws, to serve and defend the country and to 
contribute to the public expenses. They are furthermore obliged to 
cause their children or wards to attend public or private schools in 
order to obtain primary elementary education, during the time which 
the law may designate. 

Art. -46. Costa Rican citizens are all male persons who, besides 
having the status of Costa Ricans have the following requisites : 

1. To have reached the age of 21 years, or of 20 years if they 
have a professional title recognized by the State. 

2. To own some property or to have some honest trade, the pro- 
ceeds or profits of which may be sufficient to support them in relation 
to their social standing. 

3. To be registered in the civil registry of the district where they 
are domiciled. 

4. Beginning from 1 January 1927, in order to be a Costa Rican 
citizen, it shall be required furthermore to know how to read and 
write, or to have registered property to the value, at least, of 500 
colons, or to be over 50 years of age. 

Art. 47. Citizenship is lost together with Costa Rican nationality. 
The exercise of citizens rights may be suspended, lost and recovered 
for the causes designated by law. 

Art. 48. Those who have lost their citizenship, except in case of 
treason to the country, may have their rights restored by the execu- 
tive, when a petition for this grace is legally founded. 

Art. 49. Foreigners enjoy in the territory of the nation the same 
civil rights as the citizens, and they may exercise them as the na- 
tionals. 

They are under obligation to contribute to the public expenses in 
the manner provided by law, but not to pay extraordinary obligatory 
taxes. 



COSTA BICA. 121 

Th€y arc exempt from military duty. Those who are domiciled in 
the country are obliged, however, to do police duty in abnormal eases, 
when the security of the property or the preservation of order in the 
same town where they live so demand it, subject to the exceptions in 
regard to this provision stipulated in the treaties which Costa Eica 
may have concluded with the respective countries. 

Foreigners must obey and respect the institutions, laws and au- 
thorities of the country, and submit themselves to the findings and 
judgments of th^ourts, without making use of any other recourses 
than those granted to citizens by the laws. 

They do not enjoy political rights and must, on the contrary, 
refrain from participating in any manner in the political matters 
of the country. 

Notwithstanding the aforesaid provisions, the go>vernment may 
expel, in accordance with the law, any foreigner whose permanent 
residence in the country may be deemed inadvisable. 

Chapter IV. — Suffrage. 

Art. 50. Suffrage is an essentially political fimction and belongs 
exclusively to the citizens in the exercise of their rights ; the act of 
voting, being personal, may only be executed by a citizen who has 
himself the right to do so. 

Art. 51. Direct suffrage shall be exercised : 

1. By citizens domiciled in each district, to elect a municipal 
syndic and substitute. 

2. By citizens domiciled in each district, to elect an intendant 
and municipal alderman as well as their respective substitutes. 

3. By citizens domiciled in each province, to elect deputies and 
senators and their substitutes. 

The election which embraces three or more functionaries of the 
same kind shall be made by the system of proportional representa- 
tion. 

Art. 52. Popular elections shall be held on the first Sunday in 
March, every three years, beginning from 1922 inclusive. At these 
elections one half of the senators, one half of the deputies and 
one half of the aldermen, as well as the municipal syndics and in- 
tendants, shall be elected. 

Art. 53. To exercise the right to vote it is required that the citizen 
be provided with a personal certificate which shall be given to 
him free of cost. On casting his vote it must be noted in this cer- 
tificate that the citizen to whom it belongs has alreadv voted in the 
corresponding election. 

Art. 54. No authority shall arrest any citizen or elector during the 
hours of voting, except in case of -ftagrarvte delicto. Nor shall he be 
required to render military service. 
88381—19 9 



ir iiationHlity bv it. 
I)h Clin nevtr re«>v> 
4^. Xo citizen or siii 
at WBt. nor those nli 
rates, ^lav* tradfrs, j 
bunk notes, of Trea.- 
it. niiir(Jerei-s. plagin 
Mtiunality. 

43. Tlie natumlizutic 
* in his country of or 
herein in the dischaq 
rivemniem or will) tli 
«. The iaw shall <le 
osta Rioin nationBlii 
1.V The followinfc are 
ition and the hiws, t< 
te to the ))ublic expe 
eir children or ward: 
obtain primary eienn 
may dosifniate. 
id. Costa Ricaii citii 
ihe status of CoMa h 
'o have reachetl the 
irofe.ssional title rvwi 
'o own .«(>me proi>en) 
profit'* of which may 
^K-ial stnndinfc. 
'o be R-friMerwl in the 
iciletl. 

teginnin^r from I Jan 
it -hall be re(|iiint| i 
■ t() halt' rcfiislciitl 
r to l>e over .">0 year- 

7. CitiM-iiship i- Ut^t 
vi^e of citiwns right 
auscs de-ignalctl by 1 

8. Tho^ who have I 
o the country, may 1: 
•n a petition for this 

9. Foreipiers enjoy i 
lits tm the ci(iz<-n>'. a 

ire under oblifiatioti 
ler provided by law. I 



OOSTA BICA. 123 

•} are the two candidates obtaining the greatest number of votes, 

t'v for the reason that all three of them are tied, or because two of 

have the same number of votes, one of the names of the three 

lates in the first case, and of the two candidates tied in the 

case, shall be eliminated by lot 

•' event that the voting being proceeded with only on specified 

' es as provided for in the foregoing paragraphs, there should 

n a ballot an absolute majority in favor of a different candi- 

*ollege shall declare elected the one who under such condi- 

led said majority. But if such majority should not appear, 

it shall require the voters to proceed to vote exclusively 

I wo or three names which are being discussed, and shall 

^ andidate obtaining the greater number of votes those 

andidates not authorized, as well as blank ballot& 
oting has been limited to two names, the college shall 
tf^ :inent session until one of them is elected. 

>n of the President has been completed, the election 

rit shall be proceeded with without delay in accord- 

>rinciples heretofore explained. 

ion of the President and of the Vice-President 

first Sunday in April of the year in which the 

es. The college shall convene for that pur- 

le Republic, even without previous convoca- 

) quorum on that day, the election shall be 

g day. At this second meeting one half 

re shall be sufficient to constitute a quorum. 

'\t at that second meeting, the president 

'^ . >e proceeded with on the following day 

"esent. 
' "^ ' >ie electoral college shall enjoy ira- 

. ^ • Q that on which the election of the 

vw^\v wvv' ^ '• .^_ Ijilg gaij election has not been ter- 

* vtov^^-- fe delicto. 

^ liate the elections upon the bases 

- ^^' ^^-^ ^^^ V •• •■ ^ liberty and the order in the 

■ - ^-^ -, \ - ^ DILATIVE Power. 



^. ^x> ""' ^ e vested in a Congress com- 

. ^T^«!m^^'^^''\^. v.-^'"- ^^, . and the other of deputies, 

v,*i-^- Vu\Av ^^-^ ■ , ^^ ^Vv- ^'^ ^ yy jjy the citizens, and may 

• ^*s««=^\»^ "^^^ ^ ^^^. purpose as an electoral 

A^^^'^^^'t V** verv 15.000 inhabitants 









122 CONSTITUTIONS OF THE STATES AT WAB. 

The public official, who shall dictate or attempt to dictate to his 
subordinates or to any voter the manner in which he is to vote, shall 
lose his position and his rights as citizen and shall be punished 
according to law. 

No military forces shall be located at the polls or near them. 
Only the president of the board shall have the right to arrange for 
the police service in the voting precinct and its immediate surround- 
ings, for the maintenance of order. 

Art. 55. The election of deputies, senators, municipal officers, 
intendants, vice-intendants and syndics shall be made by direct 
vote in accordance with the system in force. The election of Presi- 
dent and Vice-President of the Republic shall be made by a secret 
ballot by an electoral college composed of the deputies and sena- 
tors both sitting and substitutes, of the sitting aldermen of all the 
municipalities of the Republic and of all those persons who have 
occupied for a period not less than six months, the office of President 
of the Republic, Secretary or Under-Secretary of State, deputy, sen- 
ator, or justice. 

The election of justices of the Supreme Court of Justice shall be 
made by the Senate, choosing from among the lists of three candi- 
dates which the Chamber of Deputies and the executive power shall 
each present. 

There shall be a quorum for election if three fourths of the 
members of the college meet; and the person receiving the absolute 
majority of the votes present shall be considered elected. 

The president of the Senate shall preside over these electoral acts; 
in his absence, the president of the Chamber of Deputies, and in the 
absence of both, the senior senator present. 

If, after two ballots, no one should be eleicted and more than three 
candidates should have been voted for, the president shall order a new 
balloting with the understanding that, if on this third ballot an abso- 
lute majority in favor of a candidate is not obtained, the balloting 
shall be continued, limited only to the three candidates who have 
obtained the greatest number of votes, and thus the election shall 
proceed for two consecutive times. For this purpose, and if by rea- 
son of a tie, it should be impossible to determine who are the three 
candidates with the highest number of votes, the necessary name or 
names shall be eliminated by lot in order to leave only three candi- 
dates on whom the election shall proceed. 

If after two ballots limited to three specified names no election 
should have been made, the president shall order a new voting turn 
with the understanding that if an absolute majority does not result 
in favor of one of the candidates, the voting shall continue only as to 
the two highest candidates. Should it be impossible to determine 



COSTA BICA. 123 

who are the two candidates obtaining the greatest number of votes, 
either for the reason that all three of them are tied, or because two of 
them have the same number of votes, one of the names of the three 
candidates in the first case, and of the two candidates tied in the 
second case, shall be eliminated by lot. 

In the event that the voting being proceeded with only on specified 
candidates as provided for in the foregoing paragraphs, there should 
appear on a ballot an absolute majority in favor of a different candi- 
date, the college shall declare elected the one who under such condi- 
tions obtained said majority. But if such majority should not appear, 
the president shall require the voters to proceed to vote exclusively 
between the two or three names which are being discussed, and shall 
apply to the candidate obtaining the greater number of votes those 
votes given to candidates not authorized, as well as blank ballots. 

After the balloting has been limited to two names, the college shall 
continue in permanent session until cme of them is elected. 

After the election of the President has been completed, the election 
of the Vice-President shall be proceeded with without delay in accord- 
ance with the same principles heretofore explained. 

Art. 56. The election of the President and of the Vice-President 
shall take place on the first Sunday in April of the year in which the 
presidential term expires. The college shall convene for that pur- 
pose at the capital of the Republic, even without previous convoca- 
tion. Should there be no quorum on that day, the election shall be 
postponed to the following day. At this second meeting one half 
of the members of the college shall be sufficient to constitute a quorum. 
Should no quorum be present at that second meeting, the president 
shall order that the election be proceeded with on the following day 
with any number of persons present. 

Art. 57. The members of the electoral college shall enjoy im- 
munity from fifteen days before that on which the election of the 
President is to take place, and while said election has not been ter- 
minated, except in cases of fagrante, delicto. 

Art. 58. A special law shall regulate the elections upon the bases 
hereinbefore outlined so as to secure liberty and the order in the 
voting. 

Chapter V. — The Legislative Power. 

Art. 59. The legislative power shall be vested in a Congress com- 
posed of two chambers, one of senators, and the other of deputies, 
whose members, in both, are elected directly by the citizens, and may 
be reelected indefinitely. 

Each province shall be considered for this purpose as an electoral 
district, and shall elect a sitting deputy for every 15.000 inhabitants 



124 CONSTITUTIONS OF THE STATES AT WAR. 

or fraction thereof over 7,S00 ; one substitute deputy for every three 
and fraction of three sitting deputies^ and a substitute senator for 
every three or remainder of three sitting senators corresponding to it. 
Even if the number of deputies and senators of a province does not 
reach the niunber of three, a substitute shall always be elected. 

In order to determine the number of sitting deputies, attention 
shall be paid to the result of the last official census^ and the most 
recent figures given out by the Department of National Statistics, 
correcting or enlarging the census. 

There shall be no elections by reason of the increase in population 
except every ten years. 

Senators and deputies, although elected by provinces, represent 
the whole nation, and they must consult only justice and the common 
welfare. They can not compromise their votes prematurely. 

Deputies and senators shall, upon assuming office, take the consti- 
tutional oath. The President shall take his oath before the Chamber, 
and the deputies and senators before the president of the respec- 
tive chamber. 

Art. 60. To be a deputy or a senator the following requisities 
must be filled : 

1. To be a citizen in the exercise of his rights. 

2. To be a native of the Republic, or naturalized therein, and 
have resided ten years after having obtained naturalization papers. 

3. To know how to read and write. 

4. To be the owner of property of a value of not less than 3,000 
colons, or to have a professional degree recognized by the State, or 
an annual income of 1,200 colons, at least. 

To be a deputy it shall be also necessary' to be over 25 yeai's of age, 
and to be senator, over 40 years of age. 
Art. 61. The following may not be elected deputies or senators : 

1. The President of the Republic or any one who exercises the 
executive power at the time of election. 

2. The ministers of State. 

3. The justices of the Supreme Court of Justice. 

4. Those who exercise jurisdiction or authority over the whole 
province making the election. 

No one can hold the office of deputy and senator at the same time. 
Should the same person be elected for both offices, the election for 
senator shall prevail. Should the same citizen be elected deputy or 
senator of two or more provinces, he shall represent the province 
which he may choose. A deputy may be elected senator, but a senator 
shall not be elected deputy. 

Art. 62. Deputies and senators shall hold office for a period of 
six vears. 



COSTA RICA. 125 

The members of each one of the chambers shall be renewed by 
halves every three years. The first renewal shall be made by lot 
in 1922. 

Whenever the exact one half can not be renewed because the num- 
ber of sitting or substitute deputies or senators is odd, the half of 
the inferior even number shall first be renewed, and the renewal of 
the odd senator or deputy shall be left for the following term. 

Art. 63. In order to fill up the temporary or absolute vacancy of a 
sitting deputy, the substitutes of the respective provinces shall be 
caUed in the order of their appointment, appearing in the act cor- 
responding to the election of the person whom they are to replace. 
Should there be no substitute at that time, those elected in the other 
three-year period shall be called in the same order. 

This principle shall also be observed when the vacancy of a senator 
is to be filled. In none of the foregoing cases shall the fact of calling 
a substitute to replace a sitting member imply that his term of office 
shall exceed the period of six years. 

Whenever the number of substitutes is exhausted, the respective 
chamber mav order that new substitutes be elected at tiie next 
renewal election. 

Art. 64. The office of deputy or senator, either sitting or sub- 
stitute, is incompatible with that of alderman or municipal em- 
ployee, or with any other salaried public office, function or commission 
of the same character. As an exception, however, the office of 
professor in any school supported or subsidized by the State shall 
not be incompatible, if the appointment is made by the board of 
directors of the school. Xo sitting deputy or senator or substitute 
who is discharging the duties of the sitting member, may, during 
ordinary or extraordinary^ sessions, accept from the executive any 
salaried conmiission or any employment dependent upon, or by 
appointment of the executive, except the office of minister of State, 
or chief of a diplomatic mission. 

Whenever the chambers are not in session the deputy or senator 
may accept employment by appointment of, or dependent upon the 
executive power. 

Both during sessions and in recess, a deputy or senator may freely 
accept judicial offices. 

But in any case in which he should accept employment or office 
from any other branch of the government in the foregoing terms, 
he shall lose his seat in the chamber, except when he is appointed 
head of a diplomatic mission. 

Art. 65. No deputy or senator, either sitting or substitute, shall 
enter, directly or indirectly, into any contract with the public ad- 
ministration by virtue of which he may enjoy some privilege or 



126 CONSTITUTIONS OF THE STATES AT WAR, 

concession. Nor shall it be lawful for him to receive any amount 
from the public Treasury, except that allotted to the office which 
he discharges, and in its proper case, the value of the contracts which 
are published in the Diario Oflcial^ or of services, the payment of 
which is ordered in the same public maimer. A deputy or senator 
violating this prohibition shall ipso facto lose his seat in the cham- 
ber, and must return the sums unlawfully received. 

Art. 66. Deputies and senators are immune for the opinions 
which they may express, or the votes they may give in the discharge 
of their duties. 

During the sessions their property shall not be attached to further 
legal civil proceedings except upon the deputy's or senator's own 
consent. 

They shall not be accused, prosecuted or arrested from the time 
they are declared elected either as sitting or as substitute members 
until the expiration of their legal term of office, except in cases of 
fagrcmte delicto^ and unless the Chamber of Deputies previously 
authorizes the accusation, and declares that there is cause for an 
action against them. 

A deputy or senator who is arrested in -flagrante delicto shall be 
placed immediately at the disposal of the Chamber of Deputies, 
with a summary record of the case, so that he may be suspended 
from his legislative duties and be delivered to the proper judge or be 
set free, as the case may be. Should the chambers not be in session, 
the deputy or senator shall be set free, upon furnishing bond of 
from one to five thousand colons, according to the importance of 
the ofFense. 

Art. 67. The legislative chambers shall meet every year on 1 May, 
without need of previous convocation. 

The ordinary sessions shall last until 31 July inclusive. 

They shall convene in extraordinary session whenever, by reason 
of high national interests they are convoked by the executive power, 
and they must also convene in the case provided for in Article 88. 

If, on 1 May. Congress should be assembled in extraordinary 
session, the latter shall cease, and it shall continue to consider in 
ordinary session the business for which it should have been convoked. 

Art. 68. The Senate and the Chamber of Deputies shall open 
their ordinarj' and extraordinary sessions at the same time. 

The Senate, however, may meet without the presence of the Cham- 
ber of Deputies for the exercise of the powers given to it in the first 
paragraph of Article 78. 

If, after the expiration of the ordinary period, there should remain 
some accusations pending against the officials designated in Article 
77, the Chamber of Deputies shall continue its sessions without the 



COSTA MCA. 127 

presence of the Senate for the exclusive purpose of declaring whether 
or not the charges shall be filed. 

Neither of the chambers, while working simultaneously, 3hall, 
without the consent of the other, suspend its sessions for more than 
three days. 

Art. 69. The chambers shall* not open their sessions nor exercise 
their legal functions without the concurrence of two thirds of their 
members. When, upon the arrival of the day appointed to open 
their sessions, they can not do so, or in case that, after the sessions 
have been opened, they can not continue on account of a lack of 
quorum, the members present, whatever be their number, shall exert 
pressure on the absent members in accordance with their respective 
regulations. 

The sessions of the chambers shall be public, except when for 
reasons of general convenience, it is agreed to consider some special 
matter in secret session. 

Art. 70. The seat of Congress shall be in the capital of the 
Republic. 

Notwithstanding, it may move to another place if so decided by 
two thirds of the votes. 

In case of disturbance of the public order, the chambers shall meet 
at the place designated by the president of the Senate. 

Any meeting of the members of Congress which takes place 
outside of the constitutional requirements, for the purpose of exercis- 
ing the legislative power, shall be illegal, and all acts executed in 
that manner shall be considered null and void. The persons who 
take part in those deliberations shall be punished according to law. 

Art. 71. Each chamber shall draw up its own convenient regula- 
tions for the order and direction of its work and for all matters 
pertaining to its internal policing. The regulations shall not contain 
any provision contrary to the Constitution; and once adopted they 
shall not be modified unless upon compliance with the procedure 
required for all laws, excepting the sanction of the executive. 

In accordance with its regulations, it may correct its members and 
impose on them correctional penalties including the forfeiture of 
their salary and suspension up to the period of eight days. 

Art. 72. Each chamber sliall pass upon the credentials of its 
members, and shall accept the resignations which the latter may 
present, if the reasons given are jugt. 

It shall elect yearly its board of directors. The president must 
possess the qualifications required for the office of President of the 
Republic. In case of absolute vacancy of one of the members of the 
board of directors, the respective chamber shall designate a sub- 
stitute to fill his place for the remainder of the year. 



128 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 73. The regulations of each chamber or of Congress in joint 
session, shall be passed by an absolute majority of the votes pi-esent, 
unless the Constitution requires a superior number. 

For the latter case, and for anv other case wherein an absolute 
majority is I'equired, this majority shall be constituted by one half 
plus one, if the total number is even*; should this number be odd, a 
unit shall be added, and one half of the resulting number shall con- 
stitute the absolute majority. 

In order to fix, in the proper case, the two thirds or the thren 
fourths, the exact arithmetical calculation shall be made. Should the 
result be a whole number and a fraction, the majority shall be formed 
by adding a complete unit instead of a fraction to the whole number 
of the arithmetical result. 

The presidents of the chambers shall vote only in case of a tie. 

Art. 74. Each chamber, and Congress in the proper case, may 
call for the ministers of State to give the explanations and infor- 
mation which it may be convenient to demand from them. 

Art. 75. It is forbidden to Congress and to each one of its 
chambers : 

1. To address any exhortative communication to public officials. 

2. To interfere, either through resolutions or laws, in matters 
which are of the exclusive competence of the other powers. 

3. To pass resolutions lauding or disapproving official acts. 

4. To demand from the government information on the instruc- 
tions given to the diplomatic ministers, or a report on negotiations 
of a secret nature. 

5. To delegate in one or several of its members the powers con- 
ferred upon it by this Constitution. 

Art. 76. Congress shall meet as a single body to exercise the fol- 
lowing powers, which are within its exclusive jurisdiction: 

1. To install the President and Vice-President of the Republic, 
and the justices of the Supreme Court, except in the case provided 
for in Article 96. 

2. To decide upon the resignations or the excuses which may be 
presented by said officials. 

3. To decide upon any doubts which may arise in regard to the 
incapacity of the President, according to Article 91. 

4. To approve or disapprove the treaties and public agreements 
wliich the executive power may conclude. 

5. To decide upon a declaration of war at the request of the 
executive i)()wer, or to demand from him in due time the opening up 
of negotiations for peace. 

6. To decide whether or not the sessions are to be removed to an- 
other place, and to designate such place. 



€OSTA RICA. 129 

7. To give or refuse its consent to the entr}' of foreign troops into 
national territory, or the stationing oif fleets in its ports. 

8. To suspend the individual guarantees, and to take cognizance 
of the suspension decreed by the executive power in the case pro- 
vided for in Article 38. 

9. To deliberate upon the revision of the Constitution as ex- 
plained in Article 124. 

10. To approve or disapprove the laws which may determine, de- 
clare or order dii'ect or indirect taxes. 

In these cases, the president of the Senate and that of thcf Chamber 
of Deputies shall act as president and vice-president of Congress 
respectively. 

Art. 77. The following are the attributions of the Chamber of 
Deputies : 

1. To enact, interpret, modify and repeal the laws which it may 
dictate. 

2. To authorize the municipalities, either by a general or a 
special law, to establish local taxes or imposts, fixing specifically in 
the law what property may be taxed, and the, ma:ximum to be 
reached in each case; to arrange for the manner in which the 
municipal budget is to be formed and liquidated, and to designate 
the powers of the municipalities, which may be more extensive for 
the senatorial districts of the provinces; and in general, to publish 
municipal ordinances in accordance with bases laid down in this 
Constitution. 

3. To fix in each legislative period tlie budget of expenditures of 
the public administration for the ensuing year, and wherever neces- 
sary, the budget for extraordinary expenditures. In the budget law 
shall be stated the amount of the floating debt which may be created 
during the fiscal year; and the executive may within that limit 
carry out any credit transaction. He may also do so in order to 
cover the expenditures authorized, in case the revenues are not suf- 
ficient for that purpose. In other cases, a legislative authorization 
shall be necessary to pledge the national credit; this principle, how- 
ever, shall not impair the rights of third parties acting in good 
faith. 

4. To fix at each legislative period the maximum limit of the 
armed forces which may be placed on duty in times of peace, as well 
as the increase which the executive may decree in case of foreign war. 
or of armed insurrection. 

5. To create new districts upon the fulfillment of the condition 
required in Article 116, and to point out their limits and the limits 
of the provinces. 



130 CONSTITUTIONS OF THE STATES AT WAR. 

6. To decree the alienation of the property of the nation, or the 
application thereof for public uses. 

7. To specially empower the executive to negotiate loans or to 
enter into other contracts upon mortgage security of the national 
revenue. 

The contracts which may be approved by the chambers without 
alteration shall not be vetoed by the executive, but they shall be so 
vetoed if they are amended. The amendments introduced by Con- 
gress shall be subject to acceptance by the interested party. 

8. To fix the allow, weight and standard and denomination of the 
coin, and to arrange for a system of weights and measures as well as 
to enact the laws which must regulate banking institutions of all 
kinds. 

9. To confer military degrees from colonel upwards. 

10. To grant personal and honorary prizes to those who have ren- 
dered great and important services to the Republic, and to decree 
memorial honors. 

11. To examine the annual reports of the ministers of State, and 
the general account of the expenses of the Treasury. The latter shall 
first be examined by a committee of two of its members selected one 
by each chamber; said chamber may demand from the proper party 
all kinds of explanations and vouchers. 

12. To promote whatever may form the prosperity of the State* 
to care especially for the health and hygiene of the towns, and to en- 
courage the study of science, arts and trades as well as immigration, 
agriculture, industi^ and commerce. 

13. To take jurisdiction on the accusations which may be brought 
against the President of the Republic or the person acting as such* 
against the deputies, senators, justices of the Supreme Court of 
Justice, or ministers of State, for common offenses committed by 
them; and to declare by a two-thirds vote whether or not there is 
ground to institute proceedings against them. In the affirmative case, 
it shall suspend the accused official and shall place him at the disposal 
of the Supreme Court of Justice for trial. 

14. To take cognizance of the accusations which may be filed 
against the aforesaid officials for offenses involving liability, com- 
mitted during the exercise of their duties, and likewise to declare 
whether or not there is ground to institute proceedings against them. 
In the affirmative case, to place the accused official at the disposal of 
the benate for trial. 

15. To take cognizance of the aceusation3 which may be filed 
within the legal term against the Ex-President of the Republic or the 
person who has acted as such, or against the ministers of State, for 
offenses involving political or official liability, in accordance with 



L. 



COSTA BICA. 131 

Article 102, and likewise to declare whether or not there is ground 
to institute proceedings against them. In the affirmative case, it shall 
place the accused official at the disposal of the Senate for trial. 
16. All the other powers enumerated in this Constitution. 
Art. 78. The following are the attributions of the Senate : 

1. To judge the functionaries enumerated in the foregoing article 
whenever they are accused by the Chamber of Deputies of offenses 
involving political or official liability. Two thirds of the votes shall 
be necessary to declare the accused guilty. No penalty shall be im- 
posed by the Senate other than dismissal from office, temporary or 
absolute deprivation of political rights, or inability to hold public 
office. This provision shall not prevent ordinary courts of justice 
from enforcing against them any other civil or criminal liability 
which they might have incurred* 

2. To pass upon the nullity of the elections and the other irregu- 
larities of the popular suffrage and of the electoral college. 

3. To enact and order the publication of the codes lacking, and to 
decree the amendments of the existing codes. 

4. To approve or disapprove the loan contracts which may be 
entered outside of the country, after the contract has been approved 
by the Chamber of Deputies. 

5. To approve or disapprove the contracts which the government 
may enter into, when on account of the nature and importance of the 
subject matter the executive power or the Chamber of Deputies, at 
the request of one third of the votes of the members present, considers 
necessary the sanction of the Senate. 

6. To approve or disapprove any bill passed by the Chamber of 
Deputies, either in the event that the latter should consider it con- 
venient to refer the bill by the vote of one third of the members 
present, or that the executive, before sanctioning said bill, should 
refer it to the Senate for review. 

7. All the other powers enumerated in other places in this Con- 
stitution. 

Abt. 79. During the ordinary sessions of Congress the bills shall 
originate in either of the chambers according to their respective attri- 
butions, at the proposal of the respective members, or in the executive 
power through the ministers of State. 

The Supreme Court of Justice, sitting in bench, shall by a majority 
of votes, also propose the enactment, amendment, or abrogation of 
civil, penal, and procedure laws, and of the organic laws of the 
Courts of Justice; and for this purpose submit to the Senate the 
respective bill. 

The bills submitted to the chambers may not be signed by more 
than two of their members. 



132 , CONSTITUTIONS OF THE STATES AT WAR. 

Only the executive power, through the ministers, shall submit bills 
during the extraordinary sessions provided they refer to matters 
which are included in the decree of convocation, or in the decree of 
extension. 

Art. 80. No bill shall become a law^ unless the following requisites 
have been fulfilled : 

1. To have undergone in the Chamber, or in the latter and in the 
Senate as the case may be, three different debates on three different 
days. 

2. To have been approved in the Chamber, or in the latter and 
the Senate, or in Congress, as the case may be. 

3. To have obtained the sanction of the executive power, or be 
within one of the cases in which, according to this Constitution, said 
sanction may be taken for granted, or is not necessary. 

Art. 81. After the bill has been approved by the Chamber, follow- 
ing three debates, witHbut any amendment, it shall be sent to the 
Senate for review in the proper case, or to the executive power for 
sanction. Should the bill be disapproved in whole in the Chamber, 
it shall not be presented again until the following legislative period. 

The chambers have the reciprocal right to propose the amend- 
ments and alterations which they may deem convenient to the bills 
under consideration, until they come to a final agreement as to the 
terms in which said bills are to be drafted when submitted to the 
approval of the executive. Should both chambers consider it proper, 
they may meet in joint session, to discuss the points of disagreement; 
but the voting on the bill shall be made by each chamber separately. 

Art. 82. Should' the executive power also approve the bill passed 
by one or both chambers, as the case may be, he shall affix thereto 
the formula, " Let it be executed," and shall cause the same to be pub- 
lished as a law of the Republic. 

In the contrary case, and if he does not consider proper that the 
Senate should revise it, he shall return the bill to the respective 
chamber. The order of return shall be written at the foot of the bill 
and signed by the President of the Republic, and by the correspond- 
ing minister of State, who shall furthermore send a detached state- 
ment of the reasons on which the executive bases his disapproval, or 
the changes, suppressions or additions which he desires to be made. 

In order that a bill be considered objected to by the executive power, 
it is indispensable that it be returned in the manner specified within 
the precise term of ten days (exclusive of Sundays and holidays), 
beginning from that in which the bill has been received by the respec- 
tive ministry. Should it not be done within that time, the executive 
shall not refuse his approval or refrain from publishing it. 



COSTA MCA. 133 

If, during the said period of ten days, the chambers sliould ad- 
journ, and the executive should veto the bill, said bill must be pub- 
lished, together with his veto, in the official journal, at the latest, three 
days after the expiration of the time granted for the veto. Should it 
not be done, the bill shall be considered as a law of the Republic. 

Art. 83. After a bill has been vetoed by the executive power 
within the legal term, it shall again be discussed in three debates in 
case the bill should have been objected to as a whole, or in two de- 
hates if the executive should have offered some amendments. Should 
the chamber agree by a majority of votes to the refusal of the 
executive, the bill shall be placed on file, and shall not be presented 
again until the following legislative term. Should the chamber ac- 
cept by a majority of votes the suggestions made by the executive, or 
if by a two-thirds vote it should reject the opposition or suggestions 
of the aforesaid power, and ratify the bill as it was passed, said bill 
shall be referred again to the Senate if the ratification of the latter 
is needed, where it shall undergo the same procedure indicated in 
this article. 

Should the Senate, in its turn, agree by a majority of votes to the 
refusal of the executive, the bill shall be placed on file, and shall not 
be presented again until the following legislative period. Should the 
suggestions of the executive be approved by a majority of votes, or if 
the opposition of the suggestions made by the executive should be 
rejected by a two-thirds vote, and the bill should be ratified as it was 
passed originally, it shall be returned to the executive, who shall not 
then withold his approval. 

Art. 84. If the opposition of the executive is based on the fact 
that the law is unconstitutional, and the chambers should reenact it, 
it shall be referred to the Supreme Court of Justice to decide the 
matter within ten working days. Should the majority of all the Jus- 
tices of the Supreme Court decide that the bill is constitutional, it 
shall be the duty of the executive to give it his approval. In the con- 
trary case, the bill shall be considered disapproved, and shall be 
placed on file. 

Art. 85. Should the executive fail to comply with his duty to ap- 
prove the laws within the time and in accordance with the manner 
provided in this Constitution, the president of the Senate shall ap- 
prove the same and cause them to be published in the official journal. 
If in spite of the order of this official the law should not be published 
within forty-eight hours in the official journal, the publication shall 
be made in any of the newspapers of the country. 

Art. 86. The bills remaining pending at the end of a legislative 
period of the chamber shall be considered as new bills in the following 
ordinary sessions in case that at this second legislative period there 



134 CONSTITUTIONS OF THE STATES AT WAB. 

should have been a renewal of deputies. Otherwise, the interrupted 
debate may be continued. 

Those which at the end of the legislative period should be left 
pending in the Senate, shall likewise be considered as new bills in the 
same case of renewal of Senators. 

Art. 87. The following resolutions shall riot require the approval 
of the executive, and shall be published without need thereof : 

1. Those regarding the elections which must be made in accord- 
ance with this Constitution or with the international treaties, or with 
their respective regulations, or those with regard to the resignations 
or excuses which may be presented. 

2. Those that decree the removal of their seat to another place. 

3. Those regarding whether or not there is ground to institute 
proceedings against public officials, as provided in Article 77, or 
those suspending or sentencing said officials. 

4. The regulations which they might adopt for the conduct of 
their internal affairs. 

Art. 88. Every law or decree of Congress shall be headed as fol- 
lows: 

The Senate, the Chamber of Deputies, or the Congress of Costa Rica, In the 
use of the powers granted to It by the Constitution of the Republic, de- 
crees: * ♦ ♦ 

The president and the secretaries shall sign on behalf of each 
chamber. 

The President of the Republic of Costa Rica — whereas the Chamber of 
Deputies, the Senate, or Congress, has decreed as follows : ♦ ♦ • Therefore, 
I command that the foregoing law be published and obeyed. 

The president and the respective ministers of State shall sign. 

Chapter VI. — ^The Executive Power. 

Art. 89. The executive power shall be exercised by a citizen whose 
title shall be President of the Republic, with the indepensable collabo- 
ration of the ministers of State, the number of whom shall be fixed 
by law. 

The President shall despatch with each minister the current mat- 
ters of public business pertaining, according to law, to that particu- 
lar ministry. 

Bills to be presented to the legislature, those received from it for 
sanction, the budget bill, matters for which this Constitution requires 
presidential sanction, and in general all matters of great weight and 
importance, shall be considered and decided by the President in 
the Council of Ministers. 

Art. 90. There shall be a Vice-President of the Republic, elected 
for the same term as the President, who will serve during the absence, 
temporary or permanent, of the President. 



COSTA RICA. 135 

In case of the permanent absence of the Vice-President of the 
Hepnblic, the president of the Senate, or failing him, the president of 
the Chamber of Deputies shall replace the President during the tem- 
porary or permanent absence of the latter, and until he returns to 
office or the pending presidential term ends, as the case may be. If 
the president of the Chamber of deputies is called to act as President, 
during the temporary absence of the president of the Senate, and 
there be occasion to replace the President of the Republic by reason 
of his permanent absence, he shall hand over the Presidency to the 
president of the Senate as soon as the cause for the latter's absence 
ceases. 

If the absence of the Vice-President be temporary and should tem- 
porary or permanent absence of the President occur, the president 
of the Senate shall assume the Presidency, or failing him the presi- 
dent of the Chamber of Deputies; but when the occasion for the 
absence of the Vice-President ceases, the latter shall be President. 

The president of the Senate or the president of the Chamber of 
Deputies, when called to the Presidency by law, shall continue therein 
for the time hereinbefore stated, even though their respective ap- 
pointments shall have terminated. If the term of each as senator or 
deputy shall not have expired at the time they give up the office, 
they shall recover their seats in the Senate or in the Chamber, as the 
case may be, until their terms end. 

Art. 91. Should the President die, the Vice-President, or failing 
him, his lawful successor, shall by right become President. 

Should the President resign his office and his resignation be ac- 
cepted, the Congress shall call the Vice-President or his lawful suc- 
cessor to the Presidency. 

Should the President be suspended or deprived of his office, accord- 
ing to this Constitution, the Chamber of Deputies when suspending 
him or the Senate when depriving him of office, shall call to the 
Presidency the Vice-President or his lawful successor. 

When the President shall have become morally or physically unfit 
for the office, the Congress, if it be in session, or, if it be adjourned, 
then as soon as it be called in session bv the Minister of the Interior 
(Ministro de Gohemadon)^ within the fixed term of three days, shall 
consider the circumstances of the case and decide whether the Presi- 
dency is to be regarded as vacant. Should it decide in the affirma- 
tive, it shall call to the Presidency the Vice-President or his lawful 
successor. In default of such a resolution, the Council of Ministers, 
presided over by the Minister of the Interior, shall govern. 

Art. 92. If the President should become so ill as to make it diffi- 
cult for him to discharge his duties, he may turn over the Presidency 
to the Vice-President or his lawful successor. 



136 CONSTITUTIONS OF THE STATES AT WAR. 

When the President shall decide to direct military operations in 
time of war outside of the capital, he shall call upon the Vice-Presi- 
dent, or failing him, his lawful successor, to take charge of the other 
branches of the government. 

In no case may the President relinquish his office without permis- 
sion of the Senate, which shall then call the Vice-President or his 
lawful successor, to the Presidency. 

Art. 93. To be President or Vice-President of the Republic it is 
required : 

1. That one be a born Costa Rican and a citizen in the exercise 
of his rights. 

2. To be over 30 yeai*s of age. 

3. To be a layman. 

4. To be the owner of property worth 5,000 colons, or to have an 
annual income of 3,000 colons or a professional title recognized by 
the State. 

5. To know how to read and write. 

Art. 94. He is ineligible for the office either of President or Vice- 
President who is : 

1. The ascendant or descendant or brother, by blood or affinity, 
of whoever shall be in exercise of the functions of President of the 
Republic at the time of the election, or who shall have exercised 
them within the year previous. 

2. The titular or temporary Vice-President who may be in power 
at the time of the election or who shall have been in power within 
the year previous. 

Equally ineligible for the office of President is : 

1. He who may be minister of State at the time of the election 
or shall have been such within the year previous. 

2. The officer having military command of a city or district at 
the time of the election or anyone who by blood or affinity shall be his 
ascendant, descendant or brother. 

The President of the Republic shall not be reelected fpr the term 
following his own, even though he may have resigned or in any other 
way lost his office. Xeither shall the Vice-President be elected for 
the term following his own. 

Any deputy or senator may be elected Vice-President and does 
not thereby lose his seat in the chamber, save only for the time he 
mav fill the office. 

The President and Vice-President shall not be related to each 
other by blood or affinity, as ascendant, descendant or brother. 

Art. 95. The President shall be in office six years. At the end of 
such period he ceases by that very fact to exercise his functions. 

Art. 96. The office of President and that of Vice-President are 
obligatory and the President and Vice-President elect shall assume 



COSTA BICA. 137 

office on the eighth day of May. On taking office they shall take the 
oath required by law. 

If for any grave reason the President be unable to take the oath on 
the day named, the Vice-President shall act as President. 

In such case the President elect shall take the oath during the or- 
dinary session of Congress ; but should the impediment continue and 
the chambers adjourn, he shall take the oath as President before the 
Vice-President who is acting in his stead, with the ceremonies pre- 
scribed for the occasion. 

Art. 97. The salary of the President shall not be increased or di- 
minished except for the following term. 

Art. 98. The President shall not leave the territory of the nation 
while in office, nor for a year after the day he has ceased therefrom, 
without securing the permission of the Senate in both cases. 

This prohibition applies to the titular or temporary Vice-President 
during the time he is in office and for the following year. 

Art. 99. The following are the duties and attributions of the Presi- 
dent of the Republic, outside of those enumerated in the other articles 
of this Constitution : 

1. To freely appoint and remove the ministers of State and 
governors of provinces, and other employees depending upon him. 
To appoint and remove in the Council of Ministers the diplomatic 
ministers and the consuls general of the Republic. 

2. To maintain public order throughout the territory, and to re- 
store it wherever it has been disturbed, and to provide for the in- 
ternal security of the Republic, defend the independence and the 
honor of the nation and the inviolability of its territory. 

3. To declare war upon another nation with the consent of Con- 
gress, without prejudice of the right of repelling any foreign aggres- 
sion when urgently required. 

4. To conclude and ratify treaties of peace which have been sub- 
mitted to the approval of Congress. 

5. To assume the command of the army a^ commander-in-chief 
thereof, or to delegate these functions when he should deem it con- 
venient; and to direct, whenever he may deem it proper, the war 
operations as such commander-in-chief. 

6. To grant military grades up to and including that of lieu- 
tenant-colonel, and to issue corresponding certificates for grades 
conferred by himself or by Congress. 

7. To comply with and execute the Constitution and the laws, and 
cause others through its agents and subordinate employees to do like- 
wise ; and to see that the public officials who are not subordinate to it 
shall also comply with and execute the said Constitution and laws, 
applying for that purpose to their immediate superiors. 

88381—19 ^10 



138 CONSTITUTIONS OF THE STATES AT WAR. 

8. To take care of the exact collection and administration of 
public revenues and wealth, and to decreee the disbursement thereof, 
in strict accordance with the law. • 

9. Tjo conduct the relations with other nations ; to receive diplo- 
matic ministers and to admit the consuls of others nations; to con- 
clude treaties and agreements with the governments of the other 
countries ieind to exchange them after ratifications, which must be 
given by Congress. 

10. To grant naturalization papers in the cases authorized by 
law. 

11. To grant pardons, commutation and reduction of sentences 
in accordance with the law, likewise to reinstate delinquents in their 
rights. 

12. To grant amnesties and general or special pardons for po- 
litical offenses. 

13. To emancipate minors in accordance with the laws. 

14. To supply the consent to contract marriage to those who 
need such consent by law. He shall not supply the consent of the 
father nor that of the mother. 

15. To convene Congress in ordinary session, and, in accord with 
the Council of Ministers, to call for extraordinary sessions whenever 
the serious interests of the State demand it. The decree in the latter 
case shall explain the reasons of the convocation of the chambers. 
After the latter have convened, he may submit new matters to their 
consideration. 

16. To issue the instructions and regulations which may be neces- 
tary arid convenient for the prompt and proper execution of the laws, 
without however contradicting or altering the spirit thereof. These 
regulations and instructions must be discussed in the Council of 
Ministers. 

17. To issue regulations for the internal government of the 
offices and departments of the government. 

18. To look to the prompt and complete administration of justice 
lending the courts, in accordance with the law, all the necessary sup- 
port and assistance to have their orders obeyed and executed. 

19. To call upon the citizens and the electoral college to hold 
the elections which may be necessary at the time fixed by the Consti- 
tution and by law. 

Art. 100. The President must present to Congress at the opening 
of the ordinary sessions a written message rendering an account of 
the political situation of the Republic and of the general situation of 
the several branches of the administration. He shall recommend, 
furthermore, the adoption of measures which he may consider im- 
portant for the good conduct of the affairs of the nation and for its 
progress and welfare. 



COSTA BICA. 139 

These documents, being essentially of a political nature, must be 
approved by the Council of Ministers. 

Art. 101. The President of the Republic during his term of office, 
and the titular or temporary Vice-President, while in the discharge 
of that office, shall not be prosecuted or tried for common offenses, 
except after the Chamber of Deputies has declared that there is 
ground for prosecution upon charges filed against them. 

Art. 102. The President, or the person who replaces him, and the 
ministers of State are responsible for the offenses which they may 
commit in their conduct : 

1. When they favor the interests of a foreign nation against the 
independence, liberty and integrity of Costa Kica. 

2. When they interfere directly or indirectly with the elections 
ordered by this Constitution, or restrict the freedom to which all 
electors are entitled. 

3. When they prevent the chambers from assembling or holding 
their meetings at the time appointed by the Constitution, or re- 
strict the liberty and independence which they should enjoy in all 
their acts and deliberations. 

4. When they refuse to publish or execute the laws in those cases 
in which according to this Constitution they may not refuse. 

5. When they impede or hinder the courts from taking cogni- 
zance of cases falling under their jurisdiction, or when they restrict 
the freedom which said courts should enjoy, or disobey their orders. 

6. When in any other manner they attempt to violate the 
Constitution or the laws, or the lawful enjoyment and exercise of 
political or individual rights or the constitutional custody and use of 
the public wealth. 

For these acts they shall be tried by the Senate after the Chamber 
of Deputies, in accordance with the provisions of Article 77, has 
declared that there is ground to institute proceedings. 

The ministers are liable for the acts of the administration in their 
respective branches jointly with the President. The liability for the 
acts agreed upon in the Council of Ministers shall extend to all min- 
isters jointly with the President. The ministers shall not be released 
from liability by a verbal or written order of the President, nor shall 
they save their vote at the Council sessions. 

The liability of the President or of the person acting as substitute 
shall only be demanded when he is in power, and during the year 
following the date of his separation from office. The liability of 
the ministers shall last while they are in office and for six months 
after their separation therefrom. 

Art. 103. All decrees, acts, regulations or orders of the President 
must be signed by the respective minister, and shall not be valid or 



140 CONSTITUTIONS OF THE STATES AT WAK. 

obeyed without this requisite. Only those decrees whereby ministers 
are appointed or removed shall be signed by the President alone. 

The ministers shall not issue any decree, resolution or order by 
themselves, and shall be held guilty of fraudulent alteration {avr- 
plcmtacion) if they communicate any act of the President without 
being signed first by the latter in the respective book. 

Art. 104. The ministers of State may attend the sessions of either 
one of the chambers and take part in the discussion. But they must 
withdraw from the Hall of the Chamber before voting is proceeded 
with. 

Art. 105. No one shall be minister of State who is not : 

1. A citizens in the exercise of his rights. - 

2. A native or a naturalized citizen who has resided ten years in 
the country after having obtained his naturalizjytion papers. 

3. A layman. • 

4. Over 25 years of age and of well-known morality and quali- 
fications. 

No one shall be minister who is a contractor for public works or 
services ; and whoever files any claim for his own interest shall cease 
to be a minister if at the time of filing such claim he holds such 
office. 

Art. 106. Within the first fifteen days after the opening of the or- 
dinary sessions, the ministers must present to Congress in writing a 
detailed report of all the work done during the year and of the con- 
dition of the administration. 

The Minister of Finance shall furthermore, within the same term, 
present the project for the budget for the ensuing calendar year, and 
the detailed account of the expenses incurred during the preceding 
calendar year. The items of expenses shall be kept one by one with 
all their details, but should there be amongst the latter any one of a 
secret character, the publication of which should be deemed inad- 
visable, the Minister shall not include it, but he must give explana- 
tions, and show the corresponding voucher to the committee ap- 
pointed by Congress to examine the accounts of the Treasury. 

Failure to present these reports and the project within the tim^ 
specified, shall render the defaulting minister liable therefor. 

Art. 107. All deliberations and resolutions of the President and 
the Council of Ministers shall be entered in the corresponding book 
of minutes which shall be signed by all present. 

When the extreme gravity of any matter so demands it, the Presi- 
dent shall add to the Council such persons as he may consider proper 
to call. The resolutions and the votes shall be set down in the 
minutes. 



cosxA aicA. 141 

Chapter VII. — The Judicul Power. 

Art. 108. The judicial power shall be vested in the Supreme Court 
of Justice divided into branch courts : one of Cassation with five mem- 
bers, and the others of Appeals with three members each. 

The number of Courts of Appeals shall be determined by law in 
accordance with the needs of the administration of justice. . 

The justices shall be elected by the Senate from among the lists of 
three candidates for each place, which must be presented to it sepa- 
rately by the Chamber of Deputies and the executive power. 

The candidates of either list may be the same in whole or in part. 

The Senate shall designate which are the justices who are to con- 
stitute each branch court, and which of their members is to be their 
president. The president of the Court of Cassation shall be the 
president of the Supreme Court. 

The powers of the Supreme Court in bench and those of each 
branch court shall be determined by law. 

Art. 109. The judicial power shall be exercised also by the tribunals 
and courts established by law, all of which, whatever be their denomi- 
nation, shall depend upon the Supreme Court. 

The law shall mark the jurisdiction, number and duration of the 
courts and tribunals, their attributions, duties, faculties and the man- 
ner in which they shall incur liability. 

The Supreme Court has the power to appoint all officials who ad- 
minister justice under it as well as to appoint or remove the subordi- 
nate personnel of the branch courts and lower courts. 

Congress is authorized to organize the jurisdiction on governmental 
litigious matters {jurisdiccion conteneio80-adimrmt7'<itiva) . 

Art. 110. The office of judge or justice is incompatible with that 
of alderman or municipal employee, and with that of employee and 
subordinate of the other powers. 

But the office of professor of a professional school supported or 
subsidized by the State is not incompatible, if the appointment is 
made by the respective board of directors. 

No judge or judicial functionary shall engage in the profession of 
law, or be a solicitor, except in cases personally affecting himself, his 
spouse, his ascendants or descendants, or brothers, by blood or affinity. 

Nor shall any judicial functionary: 

1. Address any communication to the executive power or to Con- 
gress or to public officials or official corporations, congratulating or 
criticising them for their acts. 

2. Take any part in the political elections outside of casting their 
personal vote. 



142 CONSTITUTIONS OF THE STATES AT WAR. 

3. Take any part in meetings, demonstrations or any other acts of 
a political character. 

The provisions of Article 65 in regard to deputies and senators are 
also applicable to justices. 

Art. Ill, For the office of justice the following requisites are neces- 
sary: 

1. To be a native of the Republic and a citizen in the exercise of 
his rights. 

2. To belong to the laity. 

3. To be over 35 years of age. 

4. To have a lawyers' degree issued or recognized in the coimtry 
by the authority or corporation legally empowered therefor, and to 
have practiced his profession for at least ten years, either as an official 
of the judicial branch or as a professor of law, or in private practice. 

The following shall not be appointed justices : 

1. Persons who are deaf or dumb, or those who are physically or 
mentally defective. 

2. Those who have been sentenced for crimes committed against 
property, public faith or good morals. 

Persons who are related to each other by blood or affinity, being 
ascendants and descendants or brothers, shall not act as justices at 
the same time. 

Justices must give a bond or lAortgage security up to the sum of 
5,000 colons before entering upon the discharge of their duties. 

Art. 112. Justices shall have the right to remain in office while they 
discharge their duties well. They shall not be suspended without a 
previous declaration that there is ground to institute proceedings 
against them, nor shall they be discharged except by virtue of a judg- 
ment rendered against them. 

A justice who, while in the discharge of his duties as such, shall 
be rendered incapable of continuing in office by reason of age or ill- 
ness, shall be separated from the Supreme Court upon justification of 
his case, and by the vote of three fourths of the total number of its 
members. A justice shall have then the right to receive a life pen- 
sion amounting to one half of the salary which he is drawing at the 
time of his retirement. 

Art. 113. The salary of the justices. shall be fixed by law every ten 
years, and those of the other ptiblic officials who render their service 
in the courts and other inferior tribunals shall be fixed every five 
years. 

The salaries of these officials shall not be reduced during the period 
for which thev were fixed. 

Art. 114. Public officials who are serving in the inferior courts or 
tribunals shall not be suspended during their term of office except 



COSTA BIGA. 143 

'upon previous declaration that there is ground for instituting pro- 
ceedings against them; nor shall they be dismissed except by virtue 
of a final judgement. 

The Supreme Court, for grave reasons, however, shall cancel, by 
a vote of two thirds of the total number of its members, the election 
of any of said officials. 

Art. 115. In order to fill accidental vacancies of justices, the Sen- 
ate shall elect every two years twenty assistant justices who must 
have the same qualifications required for the office of justice, and 
who have property of their own to the value of 5,000 colons, or an 
annual income of 3,000 colons, and who are not subalterns, officials 
of the court or employees of the other branches of the government, 
or aldermen or municipal employees. 

No lawyer shall sit as assistant justice in any case of which he is 
in charge or which he may be defending before the courts. 

Whenever any justice is to be substituted, either for a specified 
case or for any length of time, the Supreme Court in bench shall 
draw such substitute by lot from among the list of assistant justices. 

Whenever a vacancy shall occur amongst the justices by reason 
of death or incapacity, the Supreme Court shall report this fact to 
the executive power and to the Chamber of Deputies, in order that 
the Senate in its ordinary or extraordinary, session may fill such 
vacancy. In the meantime the Supreme Court shall elect one of the 
assistant justices to temporarily fill the vacancy. 

Chapter VIII. — The Municipal Regime. 

Art. 116. For the purposes of the general administration of national 
affairs, the territory of the Bepublic shall continue to be divided into 
the seven provinces of San Jose, Alajuela, Cartago, Heredia, Guana- 
caste, Puntarenas and Limon. The provinces shall be divided into 
cantonments and the cantonments into districts. 

Hereafter, no cantonment shall be created that has not at least 
5.000 inhabitants; neither shall a cantonment be created, if upon 
dismembering it from the other or others the dismembered canton- 
ment sliould not be left with a population of at least 6,000 inhabit- 
ants and sufficient territory' for its development. 

The law creating a new cantonment shall designate its boundaries 
in indubitable manner. 

The executive power shall issue, as soon as possible, the opportune 
orders so that the boundaries of existing cantonments and provinces 
shall be clearly determined. Should the municipalities concerned 
agree in the total or partial demarcation of their boundaries, the 
executive power shall approve the agreement and the line agreed upon 



144 CONSTITUTIONS OF THE STATES AT WAR. 

by the parties shall be considered as the boundary line. Otherwise^ 
the disputed line shall be submitted to the decision of the Chamber of 
Deputies, so as to settle the question by a law fixing the boundaries 
and adopting the natural divisions as far as may be practicable. 

Art. 117. The management of interests which are purely local in 
character shall be entrusted by each cantonment to a municipality and 
an intendant, who shall be elected by the citizens domiciled in such 
cantonment at least three months before election. 

Each municipality shall be composed of three aldermen in those 
cantonments whose population does not exceed 5,000 inhabitants; 
five in those whose population exceeds 5,000 and is less than 10,000 : 
and in those cantonments of over 10,000 inhabitants there shall be an 
additional alderman for every 10,000 inhabitants or fraction thereof 
exceeding 5,000. 

In order to fill the vacancies of aldermen, there shall be elected at 
the same time as many substitutes as there are sitting aldermen ; and 
to replace the vacancy of the intendant, a vice-intendant shall be 
elected. 

Each district shall furthermore elect a sitting and a substitute 
syndic, whose main duty shall be to represent before the munici- 
l)ality the special interests of his district, and to see that the funds 
of the latter are used for the needs thereof, after deducting the per- 
centage of general expenses for the cantonment which may corre- 
spond to the district in the proportion which its population has to 
the total population of the cantonment. 

Art. 118. The sitting and substitute aldermen shall hold their office 
for six years, and one half of them shall be renewed every three years. 
If the number of aldermen is odd, the half of the even number result- 
ing after adding a unit to the total shall be renewed first. The alder- 
man or aldermen who are to leave office after the first three vears shall 
be decided bv lot. 

The syndics shall hold office for three years, and shall be elected bj" 
the citizens of the district at the same time as the aldermen. 

The office of alderman and syndic is obligatory and gi-atuitous. 
The law shall designate the qualifications which said officers must 
have, and the grounds which may be alleged as excuses for declining 
the election. 

The intendant and vice-intendant shall hold office for three years, 
and may be reelected. The office of intendant is salaried. The 
amount of the salary shall be fixed by the municipality for the fol- 
lowing period, and shall not be increased or diminished for the run- 
ning term of three years. 

The term of office of municipal officials shall begin on 1 May, on 
which date they shall enter upon the duties thereof. 



COSTA RICA* 145 

Art. 119. The muncipality shall not take any action without the 
presence of two thirds of its members. The decisions shall be taken 
by a majority of the votes present. The intendant shall preside over 
the sessions, but shall not vote. 

The provisions regarding the substitute deputies, as contained in 
Article 63, is applicable to aldermen. 

Art. I2O4 The municipality has the power to freely appoint and 
discharge the heads of the several departments. Subalternate offi- 
cials shall be freely appointed and discharged by the intendant but 
the municipality has the right to disapprove such appointments or 
dismissals. 

The intendant is the executor of the laws and resolutions of the 
municipality on municipal matters. 

The municipality shall deliberate and decide upon all matters of 
local interest, and it is therefore its duty to take care of the sanitation, 
to which they must give preferred attention in accord with the 
Supreme Board of Health, and to take care also of the public com- 
fort, improvement and recreation; of the roads, streets and squares 
of the cantonment; of the municipal public works; of the lighting 
and water systems, neatness, markets, sewers, watermains and in 
general of everything that tends to the progress and welfare of the 
neighborhood considered as an administrative unit different from 
that of the State. All this shall be done in accordance with the gen- 
eral laws and the provisions of the present Constitution. 

It shall dispose of all the revenues and income belonging to it 
according to the law. 

It may decree new taxes whenever there is a law authorizing it. Its 
decree shall be obligatory to the neighborhood after it has been ap- 
proved by the executive power, who shall not refuse its approval if 
the tax is according to law, and does not exceed the maximum which 
the latter may have fixed and must fix for each item. 

It shall attend to the needs of the cantonment with its revenues 
and income. No expenditure shall be authorised by the municipality 
or. by law which does not respond to a real necessity ; and the use of 
the public funds of the cantonments for feasts, celebrations, recep- 
tions or other purposes foreign to those of the municipal institution 
is forbidden. 

A general law shall provide what may be proper in regard to the 
manner of forming and liquidating the municipal budget. Every 
three months the intendant shall publish and cause to be printed and 
circulated a statement giving in detail the revenues and the expendi- 
tures; and he shall publish every year in the official journal a report 
of whatever has been done during the preceding year. 



146 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 121. The intendant shall propose to the municipality the 
measures which he may deem proper. 

He may veto any resolution of the municipality within the eight 
working days following the passage thereof, whenever in his opinion 
said resolution is contrary to law, or is beyond the powers of the 
corporation. Private individuals impaired in their rights may in 
similar cases appeal from municipal resolutions. The municipality 
shall reconsider its resolutions immediately, and if insisted on, the 
case shall be submitted for final decision to the executive power, who 
shall consider and decide the matter in question in the Council of the 
Cabinet. 

Art. 122. The executive power shall take care that the municipali- 
ties and intendants comply with their legal duties. Should he notice 
any illegality in the discharge of the duties belonging to such cor- 
porations or officials, he may suspend their resolutions, if so decided 
in the Council of the Cabinet, and he shall report this fact to the Sen- 
ate at its next session, so that the latter may take the proper action or 
may determine the corresponding liability. 

Art. 123. There shall be a governor for each province, who shall be 
the agent for and appointed by the executive power, with the qualifi- 
cations and attributions determined by law. 

This official shall have no authority over the municipality and the 
intendant in the exercise of the latter's office. He must, on the con- 
trary, and as far as not against law, lend them his assistance and 
collaboration. 

Chapter IX. — The Keform of This Constitution. 

Art. 142. The present Constitution may be partially reformed 
through a legislative act which must be subject to the following 
provisions : 

1. No amendment shall be proposed, considered, or decided upon 
in extraordinary sessions. 

2. No proposed amendment which has been rejected by either one 
of the chambers or by Congress shall be again presented until after 
two years. 

3. Either chamber may propose an amendment by three of its 
members, no more, no less. The proponents must present a reasoned 
statement together with the draft of the articles, which shall be pub- 
lished in the official journal before they are read in the chamber. 

4. No proposed amendment shall cover matters which are not 
perfectly connected with one another. Each matter shall be the ob- 
ject of a proposed amendment which may refer to several articles of 
the Constitution if they supplement one another. 

5. Each chamber shall, before entering upon the discussion of any 
nmendment, elect a commission of three persons, from among its 



COSTA BICA. 147 

members, to report within eight days whether or not the amend- 
ment is advisable. This report shall be published in the official 
journal and shall not be taken up for debate until three days after 
its publication. 

6. Saving the provision contained in Section 10 of this article, 
with reference to Congress, no amendment shall be considered validly 
made until passed by two third3 of the votes present. 

7. After the amendments have been presented, and their publica- 
tion and report on the same have been proceeded with as aforesaid, 
they shall be taken up for debate on three different days. Should 
the chamber approve the amendment, with or without amendments, 
it shall be referred to the other chamber for review. Should this 
not be done, the proposed amendment shall be considered as rejected. 

8. The reviewing chamber in the same session, or, in case of lack 
of time, in the session immediately following, shall take up the 
proceedings on the amendment. If the chamber, after holding three 
debates should agree to the amendment as it was sent to it, the record 
shall be sent to the executive power. Should the chamber reject 
the amendment as a whole, said amendment shall be considered de- 
feated. Should the amendment be accepted in general, but subject, 
in its opinion, to some necessary changes, said changes shall be pro- 
posed to the chamber where the amendment originated. In such 
case, should the latter accept the changes after a debate, the respec- 
tive bill shall be considered modified, and shall be forwarded by the 
reviewing chamber to the executive power, but should said changes 
be disapproved, the amendment shall be considered rejected. 

9. If in the foregoing cases the proposed amendment should be 
referred to the executive power, the President shall, in the Council of 
Ministers, decide what he may deem convenient, and he shall return 
the record within the first eight days after the sessions for the year 
immediately following have opened. The resolution of the execu- 
tive and the reasons on which his decision is based shall be noted in 
the record of the proposed amendment, and the respective act or 
statement shall be signed by the President and the ministers. This 
document shall likewise be published in the official journal. 

10. Three days after the report of the executive has been pub- 
lished, the Congress shall, in joint session, begin to consider the 
matter, which must undergo three debates on such dates as it may 
designate, without need of referring the report to a new committee. 
In the event that the executive has accepted it without change, or 
should propose a change accepted by Congress, two thirds of the 
votes of deputies and senators present shall be sufficient to consider 
the amendment ratified. But three fourths of the total number of 
deputies and senators shall be necessary to consider the amendment 
passedj if the executive should object to it or should suggest changes 



148 CONSTITUTIONS OF THE STATES AT WAR. 

which Congress does not accept. If in either case the necessary- 
special majority should not be obtained, the proposed amendment 
shall be considered as rejected. 

11. If the amendment agreed upon in accordance with the fore- 
going principles should refer to any of the guarantees specified in 
Chapter II of this Constitution, said amendment shall not be held 
valid if not ratified by a majority of the votes of a Constituent 
Assembly which shall be called by Congress for that purpose. 
. Art. 125. Whenever, according to Article 1, or to the last article, 
a Constituent Assembly has to be called, Congress shall, within eight 
days following the approval of the treaties or the amendments, pass 
a law calling for an election of deputies, possessing the qualifications 
which this Constitution demands for the office of senator. The elec- 
tion shall be made by provinces at the rate of one sitting deputy for 
every 15,000 inhabitants and fraction not over (sic) 7,500, and of a 
substitute deputy for everj' three and fraction of three of the sitting 
deputies. 

The Assembly shall meet within three months, at the latest, and 
the rules established by Article 69 in regard to the number necessary 
to constitute a quorum shall also be applicable to the Assembly. The 
provisional board of directors shall be composed of the three eldest 
deputies who shall, in order of seniority, fill the office of president, 
first and second secretary. 

Chapter X. — The Observance of This Constitution. 

Art. 126. The present Constitution, signed by all the deputies in 
the Assembly, shall be referred to the executive power for its imme- 
diate publication and observance, without the need of the oath 
formerly used. 

The former Constitution of 1871, reenacted in 1882 and in this 
same year by a decree of the Constituent Assembly, as well as all 
the laws which thereafter amended it, are hereby abrogated. 

Art. 127. The existing laws shall continue in force and shall be 
obeyed, in so far as they are not contrary to this Constitution. 

Art. 128. In order that the interpretation of any of the provisions 
of this Constitution may be considered authentic, it is necessary that 
the same procedure and formalities prescribed for their revision be 
observed. 

Art. 129. Congress, at its ordinary sessions, shall ascertain whether 
or not this Constitution has been violated, and whether or not the 
liability of the infractors has been enforced ; and, in its proper case, 
it shall take the necessary steps for the punishment of the guilty. 



COSTA RICA. 149 

TRANSITORY PROVISIONS. 

Article 1. The first presidential term shall end on 8 May 1923, and . 
until then the President elected by the people on 1 April of the pres- 
ent year shall exercise the executive power in accordance with the 
Constitution. 

The budget to be voted in 1923 shall show the salai^y the President 
shall receive for the next six years and for each succeeding term of 
six years. 

Art. 2. The office of Vice-President of the Republic shall become 
effective for the term commencing on 8 May 1923. 

Meanwhile, in regard to succession to the Presidency the system of 
designates shall be used which was in force under the previous 
Constitution. 

Art. 3. The Constituent Assembly ratifies the appointments of the 
justices of the Supreme Court of Justice and the assistant justices, to 
which decrees Xo. 5 of 12 April and No. 13 of 4 June of the present 
year respectively refer. 

Art. 4. In order to arrange the municipal regime diiring the transi- 
tion period it is hereby ordered : 

1. That one half of the members of the present municipalities 
shall continue in office until 30 April 1919. The President of the Re- 
public in the Coimcil of Ministers shall draw by lot the one half 
which must cease at the present time, and shall replace it with indi- 
viduals appointed by him possessing the qualifications required by 
law. Should the number be an odd one, the one half resulting from 
the total plus one, shall cease at the present time. 

2. That the office of intendant shall not be filled until 1 May 1919, 
and in the meantime the government and political chiefs shall con- 
tinue to exerci3e the powers which they have at present. During that 
interval the executive must submit the proposed municipal ordi- 
nances, and Congress must publish them. The municipalities shall 
continue to be governed as at present until 1 May 1919, on which 
date the provisions in regard to the new municipalities shall become 
effective. 

3. That the syndics at present in office shall continue in their 
places until 30 April 1919. Should any vacancy occur and should 
there be no substitute to fill it, the executive shall replace it, appoint- 
ing a person for that office possessing the legal requisites, after hear- 
ing the principal inhabitants and taxpayers of the district. 

4. That the first popular election of sitting and substitute alder- 
men, as well as of syndics, intendants and vice-intendants shall take 
place on the first Sunday in March, 1919. 

Art. 5. The Assembly shall convert itself into an ordinary Con- 
gress, and shall remain in ordinary session until 31 August of the 



150 CONSTITUTIONS OF THE STATES AT WAR, 

present year, and for the purpose of constituting the legislative 
chambers it shall observe the rules for distribution of members 
established by the present Constitution. 

Art. 6. The senators and deputies who compose the present As- 
sembly and who shall form the next Congress and the members of the 
municipality now in office, shall continue in their places until 30 April 
1919. 

The executive power shall, at the proper time, call for elections in 
accordance with Article 52 of the Constitution; and one half of the 
members of the chambers which may then be elected, as well as those 
of the municipalities, shall be renewed every three years in the manner 
established in this Constitution. 

Art. 7. In order to fill the absolute or temporary vacancies of sena- 
tors, the chambers shall elect a member of the Chamber of Deputies, 
giving preference to those of the same province, of the senator who 
left the vacancy. Provided that if the vacancy is only temporary, 
the deputy elected to fill it shall be reinstated in his Chamber when 
the absence of- the sitting senator should cease. 

Art. 8. If the number of substitute deputies of one province should 
be exhausted, the vacancies which may occur shall be filled by those 
of another province which the board of directors may elect. 

Art. 9. During the present constitutional period the representation 
for the provinces shall be as follows : San Jos6, 9 deputies and 4 sen- 
ators; Alajuela, 7 deputies and 8 senators; Cartago, 5 deputies and 2 
senators ; Heredia, 3 deputies and 2 senators ; Guanacaste, 3 deputies 
and 1 senator; Puntarenas, 1 deputy and 1 senator; Limon, 1 deputy 
and 1 senator. The renewals which may occur during the six years 
immediately following shall be made in accordance with this pro- 
portion. 

Art. 10. The judges and mayors who are at present discharging 
judicial duties shall not be removed from office until the (expiration 
of the term in force, in accordance with the original law, without 
prejudice to the provisions contained at the end of Article 114.^ 



^ Here follow the signatures of the 42 deputies and the decree of promulgation signed 
by the President and the 6 ministers. 



CUBA. 

Bv the Treaty of Paris of 10 December 1898,^ which ended 
the Spanish- American War, Spain abandoned her rights of sov- 
ereignty over her possessions of Cuba, Porto Rico and the 
Philippines. For a few years Cuba was imder the control of 
the United States military forces. An Act of Congress of the 
United States of 2 March 1901* authorized the President of the 
United States " to ' leave the government and control of the island of 
Cuba to its people,' so soon as a government shall have been estab- 
lished in said island under a constitution which, either as a part 
thereof or in an ordinance appended thereto, shall define the future 
relations of the United States and Cuba" on the basis of certain 
principles. The.se principles were to be inserted in a permanent 
treaty. A convention embodying them was signed on 22 Ma.y 1903 ' 
between the United States and Cuba. Meanwhile, an assembly met 
at Habana and adopted a Constitution on 21 February 1901,* and 
an amendment governing Cuba's relations with the United States 
was adopted by the Constituent Assembly on 12 June following.* The 
President and Vice-President of the new Republic were elected on 21 
February 1902, and the government of the United States trans- 
mitted the actual control of the island to the established authorities 
on 20 May.* 

^ Signed in English and Spanish. English text In W. M. Mallot, Treaties, Conven- 
tiong, luteriwtional Acta, Protocols, and Affreementa between the United States of America 
and other Potcera, 1716-1909 (Washington, 1910), vol. ii, pp. 1690-1695, and British and 
Foreign Btate Papera, 90: pp. 382-887. 

' Text in United Statea Statutea at Large, 31 : p. 897. 

* Signed in English and Spanish. English text in Malloy^ op oit., vol. i. pp. 362-364. 
and Britiah and Foreign Btate Papera, 96: pp. 548-^51. English and Spanish texts in 
parallel columns in J. I. RodbigueZj American Constitutions, vol. ii (Washington, 1907), 
pp. 149-154. 

* The Spanish text, as officially published and certified by Gen. Leonard Wood, military 
governor of Cuba, in the Habana Gacefa of 14 April 1902, and English translation in 
parallel columns appear in Rodriguez, op. cit., pp. 112-148 (this includes the Appendix). 
Spanish text also in Paul Possnbb, Die Btaataverfaaaungen dea Erdballa (Charlotten- 
burg, 1909), pp. 1118-1130. French translation in Annuaire de legislation itrangdre, 34 
(1904) : pp. 463-486. English translation in British and Foreign State Papera, 94: pp. 
554-578 (this includes the Appendix). 

" See preceding note. 

* This introductory paragraph is based upon F. R. Dabeste, et P. Dareste, Lea Consti- 
tutions modemea (3d edition, Paris, 1910), vol. ii, pp. 427-428, and Rudriguez, op. 
oit., pp. 109-111. 

151 



152 CONSTITUTIONS OF THE STATES AT WAR. 

CONSTITUTION OF 21 FEBETTARY 1901.^ 

[Preambuj.I 

We, the delegates of the people of Cuba, in national convention 
assembled for the purpose of framing and adopting the Funda- 
mental Law under which Cuba is to be organized as an independent 
and sovereign State, and be given a government caprable of fulfilling 
its international obligations, preserving order, securing liberty and 
justice, and promoting the general welfare, do hereby ordain, adopt 
and establish, invoking the favor of God, the following Constitution. 

Title I. — The Nation, Its Form of Government and the National 

Territory. 

Article 1. The people of Cuba constitute themselves into a sover- 
eign, independent State and adopt a republican form of government. 

Art. 2. The island of Cuba and the islands and islets adjacent 
thereto, which up to the date of the ratification of the Treaty of 
Paris of 10 December 1898 ^ were under the sovereignty of Spain, 
form the territory of the Republic. 

Art. 3. The territory of the Eepublic shall be divided into the- 
six provinces which now exist, each of which shall retain its present 
boundaries. The determination of their names corresponds to the 
respective provincial councils. 

The provinces may by resolution of their respective provincial 
councils and the approval of Congress annex themselves to other 
provinces, or subdivide their territory and form new provinces. 

Title II. — Cubans. 

Art. 4. Cuban nationality is acquired by birth or by naturalization. 
Art. 5. Cubans bv birth are: 

1. All persons born of Cuban parents whether within or without 
the territory of the Republic. 

2. All persons born of foreign parents within the territory of the 
Republic, provided that on becoming of age they apply for inscrip- 
tion, as Cubans, in the proper register. 

3. All persons born in foreign countries of parents natives of 
Cuba who have forfeited their Cuban nationality, provided that on 
becoming of age they apply for their inscription as Cubans in the 
register aforesaid. 



* See above, p. 151. note 4. The tranRlation given here is based on the one in Roorigiez. 

* See above, p. 161, note 1. 



CUBA. 153 

Art. 6. Cubans by naturalization are: 

1. Foreigners who having served in the liberating army claim 
Cuban nationality within six months following the promulgation of 
this Constitution. 

2. Foreigners domiciled in Cuba prior to 1 January 1899 who 
have retained their domicile, provided that they claim Cuban na- 
tionality within six months following the promulgation of this Con- 
stitution, or if they are minors within a like period following the 
date on which they reach full age. 

3. Foreigners who after five years' residence in the territory of 
the Republic, and not less than two years after the declaration of 
their intention to acquire Cuban nationality, have obtained natural- 
ization papers according to law. 

4. Spaniards residing in the territory of Cuba on 11 April 1899 
who failed to register themselves as such in the corresponding regis- 
ter within one year thereafter. 

5. Africans who were slaves in Cuba, and those " emancipated '^ 
referred to in Article 13 of the Treaty of 28 June 1835 between Spain 
and England. 

Art. 7. Cuban nationality is lost: 

1. By the acquisition of foreign citizenship. 

2. By the acceptance of employment or honors from another gov- 
ernment without permission of the Senate. 

3. By entering the military service of a foreign nation without 
the said permission. 

4. In cases of naturalized Cubans, by their residence for five 
years continuously in the country of origin, except when serving an 
office or fulfilling a commission of the government of the Republic. 

Art. 8. Cuban nationality may be reacquired in the manner to be 
provided by law. 
Art. 9. Every Cuban shall be bound : 

1. To bear arms in defense of his country in such cases and in 
such manner as may be determined by the laws. 

2. To contribute to the payment of public expenses in such man- 
ner and proportion as the laws may prescribe. 

TrruE III. — Foreigners. 

Art. 10. Foreigners residing within the territory of the Republic 
shall be on the same footing as Cubans : 

1. In respect to protection of their persons and property. 

2. In respect to the enjoyment of the rights guaranteed by Sec- 
tion I of the following title, excepting those exclusively reserved 
to citizens. 

S8381— 19 n 



154 CONSTITUTIONS OF THE STATES AT WAR. 

3. In respect to the enjoyment of civil rights under the condi- 
tions and limitations prescribed in the law of aliens. 

4. In respect to the obligation of obeying the laws, decrees, regu- 
lations, and all other statutes that may be in force in the Republic, 
and complying with their provisions. 

5. In respect to submission to the jurisdiction and decisions of 
the courts of justice and all other authorities of the Republic. 

"6. In respect to the obligation of contributing to the public ex- 
l^enses of the State, province and municipality. 

Title IV. — Rights Guaranteed by this Constitution. 

SECTION I. — individual RIGHTS. 

Art. 11. All Cubans are equal before the law. The Republic does 
not recognize any personal prerogatives. 

Art. 12. No law shall have retroactive effect, except when penal 
and favorable to the defendant. 

Art. 13. Obligations of a civil nature arising out of contracts or 
other acts or omissions shall not be nullified or impaired by either 
the legislative or the executive power. 

Art. 14. The penalty of death shall in no case be imposed for 
offenses of political character, said offenses to be defined by law. 

Art. 15. No person shall be detained except in the cases and in 
the manner prescribed by law. 

Art. 16. Every arrested person shall be set at liberty or placed at 
the disposal of the competent judge or court within twenty- four hours 
immediately following the arrest. 

Art. 17. All arrests shall be terminated, or turned into formal 
imprisonments, within seventy-two hours, immediately after the de- 
livery of the arrested person to the judge or court of competent 
jurisdiction. Within the same time notice shall be ser\^d upon the 
interested party of the action taken. 

Art. 18. No person shall be imprisoned except by order of a com- 
petent judge or court. 

The order directing the imprisonment shall be affirmed or re- 
versed, upon the proper hearing of the prisoner, within seventy-two 
•hours next following the cc»nmittal. 

Art. 19. No person shall be prosecuted or sentenced except by a 
competent judge or court, by virtue of laws in force prior to the 
commission of the offense, and in the manner and form prescribed 
by said laws. 

Art. 20. Every person arrested or imprisoned without the for- 
malities of law, or outside of the cases foreseen in this Constitution 
or the laws, shall be set at liberty at his own request or that of any 
citizen. 



CXJBA. 155 

TJie loM) shall deterrmne the form of smwmary proceedings to he 
followed in this case.^ 

Art. 21. No one shall be bound to testify against himself, neither 
shall he be compelled to testify against his consort, nor against his 
relatives within the fourth degree of consanguinity or second of 
affinity. 

Art. 22. The secrecy of correspondence and other private docu- 
ments is inviolable, and neither shall be seized or examined except 
by order of a competent authority and with the formalities prescribed 
by the laws. In all cases matters therein contained not relating to 
the subject under investigation shall be kept secret. 

Art. 23. Domicile is inviolable ; and therefore no one shall enter at 
ni^t the house of another except by permission of its occupant, un- 
less it be for the purpose of giving aid and assistance to victims of 
crime or accident; or in the daytime, except in the cases and in the 
manner prescribed by law. 

Art. 24. No person shall be compelled to change his domicile or 
residence except by virtue of an order issued by a competent au- 
thority and in the cases prescribed by law. 

Art. 25. Every one may freely express his ideas either orally or in 
writing, through the press, or in any other manner, without subjec- 
tion to previous censorship ; but the responsibilities specified by law, 
when attacks are made upon the honor of individuals, the social 
order, or the public peace, shall be properly enforced. 

Art. 26. The profession of all religions, as well as the practice of 
all forms of worship, is free, without any other restriction than that 
demanded by the respect for Christian morality and public order. 
The Church shall be separated from the State, which in no case shall 
subsidize any religion. 

Art. 27. AH persons shall have the right to address petitions to 
the authorities, to have them duly acted upon, and to be informed 
of the action taken thereon. 

Art. 28. All the inhabitants of the Eepublic have the right to as- 
semble peacefully, without arms, and to associate with others for all 
lawful pursuits of life. 

Art. 29. All persons shall have the right to enter or leave the terri- 
tory of the Eepublic, to travel within its limits, and to change their 
residence, without necessity of safe conducts, passports, or other sim- 

^ The words printed In italics are not found in the text of the Constitution as given 
In the Diario de Setionea de la Convencidf^ Conatituyente de la l9la de Cuba, pp. 461^72. 
or in J. R. Sbdano y Aoramontb, El Libro del oiudadoMO cuhano (Habana, 1901), 
pp. 9-49. They appear, however, in the text of the Constitution as printed in the 
-Coleccidn LegishiHva de la Isla de Cuba, 1902, vol. i, pp. 415 et aeq., and in Don Gok- 
ZALO DB QuESADA (Cubau Minister at Washington), Cuba (published by the Interna- 
iiooal Bureau of the American Republics, November, 1905). 



156 CONSTITUTIONS OF THE STATES AT WAB. 

ilar documents, except when otherwise provided by the laws govern- 
ing immigration, or by the authorities, in cases of criminal prosecution. 

Art. 30. No Cuban shall be banished from the territory of the Re- 
public or prohibited from entering it. 

Art. 31. Primary instruction shall be compulsory and gratuitous. 
The teaching of arts and trades shall also be gratuitous. Both shall 
be supported by the State, as long as the municipalities and prov- 
inces, respectively, may lack sufficient funds to defray their expenses. 

Secondary and superior education shall be controlled by the State. 
All persons however, may, without restriction, learn or teach any 
science, art, or profession, and found and maintain establishments of 
education and instruction, but it pertains to the State to determine 
what professions shall require special titles, what conditions shall be 
required for their practice and for the securing of diplomas, as well 
as for the issuing thereof as established by law. 

Art. 32. No one shall be deprived of his property, except by com- 
petent authority, upon proof that the condemnation is required by 
public utility, and previous indemnification. If the indemnification 
is not previously paid, the courts shall protect the owners, and, if 
needed, restore to them the property. 

Art. 33. In no case shall the penalty of confiscation of property be 
imposed. 

Art. 34. No person is bound to pay any tax or impost not legally 
established and the collection of which is not carried out in the man- 
ner prescribed by the laws. 

Art. 35. Every author or inventor shall enjoy the exclusive owner- 
ship of his work or invention for the time and in the manner deter- 
mined by law. 

Art. 36. The enumeration of the rights expressly guaranteed by 
this Constitution does not exclude other rights based upon the prin- 
ciple of the sovereignty of the people and the republican form of 
government. 

Art. 37. The laws regulating the exercise of the rights which this 
Constitution guarantees shall be null and void if said rights are 
abridged, restricted, or adulterated by them. 

SECTION n. — BRIGHT OF SUFFRAGE. 

Art. 38. All male Cubans over 21 years of age have the right of 
suffrage, except the following: 

1. Those who are inmates of asylums. 

2. Those judicially declared to be mentally incapacitated. 

3. Those judicially deprived of civil rights on account of crime. 

4. Those serving in the land or naval forces of the Kepublic, 
when in active service. 



CUBA. 157 

Abt. 39. The laws shall establish rules and methods of procedure 
to guarantee the intervention of the minorities in the preparation of 
the census of electors, and in all other electoral matters, and its rep- 
resentation in the Chamber of Representatives and in the provincial 
and municipal councils. 

SECTION III.— SUSPENSION OF CONSTITUTIONAL GUARANTEES. 

Akt. 40. The guarantees established in Articles 15, 16, 17, 19, 22, 
23, 24 and 27, Section I of this title, shall not be suspended either in 
the whole Republic, or in any part thereof, except temporarily and 
when the safety of the State may require it, in cases of invasion of the 
territory or of serious disturbances that may threaten public peace. 
. Art. 41. The territory in which the guarantees mentioned in the 
preceding article are suspended shall be ruled during the period of 
suspension according to the law of public order which may have 
been previously enacted. But neither the said law, nor any other, 
shall order the suspension of other guarantees not mentioned in the 
said article. 

Nor shall any new offenses be created, or new penalties not estab- 
lished by the law which was in force at the time of the suspension, 
be ordered to be inflicted during the same. 

The executive power is hereby forbidden to exile or expel from 
the country any citizen thereof, or compel him to reside at any other 
place farther than one hundred and twenty kilometers from his domi- 
cile. Nor shall it detain any citizen for more than ten days, with- 
out delivering him to the judicial authorities, or repeat the detention 
during the time of the suspension of guaranties. The detained indi- 
viduals shall be kept in special departments in the public establish- 
ments destined for the detention of prisoners charged with common 
offenses. 

Art. 42. The suspension of the guarantees specified in Article 40 
shall be ordered, only and exclusively by means of a law, but if Con- 
gress is not in session, it can be ordered by a decree of the President 
of the Republic. But the President shall have no power to suspend 
the guarantees more than once during the period intervening between 
two sessions of Congress, or for an indefinite period of time, or for 
a period longer than thirty days, without convoking Congress in the 
same decree of suspension. In all cases the President shall report 
the facts to Congress, in order that it may act as deemed proper. 

Title V. — The Sovereignty and the Public Powers. 

Art. 43. The sovereignty is vested in the people of Cuba, and from 
the said people all the public powers emanate. 



158 CONSTITUTIONS OF THE STATES AT WAR. 

Title VI. — The Legislative Power- 
section I. — THE legislative BODIES. 

Art. 44. The legislative power is vested in two elective bodies, to 
be known as the Chamber of Representatives and the Senate ; the two 
together constituting the Congress.^ 

SECTION II. — THE SENATE, ITS MEMBERSHIP AND ITS POWERS. 

Art. 45. The Senate shall consist of four senators for each prov- 
ince, to be elected in each one for a period of eight years by the pro- 
vincial councilors, and by double that number of electors forming 
with the councilors an electoral college. 

One half of the electors shall consist of citizens paying the greatest 
amount of taxes, and the other half shall possess the qualifications 
required by law. But it i^ necessary for all of them to be of full age 
and residents of the province. 

The election of electors shall be made by the provincial voters one 
hundred days before that of the senators. 

The S^iate shall be renewed by halves every four years. 

Art. 46. To be a senator it is required : 

1. To be a Cuban by birth. 

2. To be over 35 years of age. 

3. To be in the full enjoyment of civil and political rights. 
Art. 47. The Senate shall have the following exclusive powers : 

1. To try, sitting as a tribunal of justice, the impeachment of the 
President of the Bepublic, upon charges made against him by the 
Chamber of Representatives, for crimes against the external security 
of the State, against the free exercise of the legislative or judicial 
powers, or for violation of tlie constitutional provisions. 

2. To try, sitting as a tribunal of justice, the impeachment of the 
secretaries of State, upon charges made against them by the Chamber 
of Representatives, for crimes against the external security of the 
State, the free exercise of the legislative or judicial powers, violation 
of the constitutional provision, or any other crime of political charac- 
ter determined by law. 

3. To try, sitting as a tribunal of justice, the impeachment of the 
governors of provinces, upon charges made against them by the pro- 
vincial councils or by the President of the Republic for any of the 
crimes named in the foregoing niunber. 

When the Senate sits as a tribunal of justice, it shall be presided 
over by the Chief Justice of the Supreme Court and shall not im- 
pose any other penalty than that of removal from office, or removal 

> Law of 22 July 1902 determined the relations between the two houses. Electoral 
Law of 25 December 1903, reTised 11 September 1908. 



CUBA. 159 

from office and disqualification from holding any public office; but 
the infliction of any other penalty upon the convicted official shall be 
left to the courts declared by law to be competent for the purpose. 

4. To c<mfirm the nominations made by the President of the Re- 
public for the positions of Chief Justice and associate justices of the 
Supreme Court, diplomatic representatives and consular agents of 
the nation, and all other public officers whose nominations require 
the approval of the Senate in accordance with the law. 

5. To authorize Cuban citizens to accept employment or honors 
from foreign governments or to serve in their armies. 

6. To approve the treaties entered into by the President of the 
Republic with other nations. 

SECTION 111. — THE CHAMBER OF REPRESENTATIVES, ITS MEMBERSHIP AND 

ITS POWERS. 

Art. 48. The Chamber of Representatives shall consist of one rep- 
resentative for each 25,000 inhabitants or fraction thereof over 
12.500, elected for the period of four years by direct vote of the 
people and in the manner provided by law. 

The Chamber of Representatives shall be renewed by halves every 
two years. 

Art. 49. To be a representative it is required : 

1. To be a Cuban citizen by birth or by naturalization, provided 
in the latter case that the candidate has resided eight years in the 
Republic, to be counted from the date of his naturalization. 

2. To have attained the age of 25 years. 

3. To be in full possession of all civil and political rights. 
Art. 50. The power to impeach before the Senate the President 

of the Republic and the secretaries of State, in the cases prescribed 
in Nos. 1 and 2 of Article 47 corresponds to the Chamber of Repre- 
sentatives. But the concurrence of two thirds of the total number 
of representatives, in secret session, shall be required to exercise 
this right. 

SECTION IV. ^PROVISIONS COMMON TO BOTH HOUSES OF CONGRESS. 

Art. 51. The positions of senator and representative are incom- 
patible with the holding of any other paid position of government 
appointment, except a professorship in a government institution, 
obtained by competitive examination prior to the election. 

Art. 52. Senators and representatives shall receive from the State 
a pecuniary remuneration, alike for both positions, the amount of 
which may be changed at any time; but the change shall not take 
effect until after the renewal of the legislative bodies. 



160 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 63. Senators and representatives shall be inviolable for their 
votes and opinions in the discharge of their duties. Senators and 
representatives shall only be arrested or indicted upon permission of 
the body to which they belong, if Congress is then in session, except 
in case of flagrante delicto. In this case, and in the case of the arrest 
or indictment being made when Congress is not in session, the fact 
shall be reported, as soon as practicable to the respective house for 
proper action. 

Art. 54. Both houses of Congress shall open and close their ses- 
sions on the same day ; they shall meet in the same city, and neither 
shall move to any other place, or adjourn for more than three days, 
except by common consent. 

Nor shall they begin to do business without two thirds of the total 
number of their members being present, or continue their sessions 
without the attendance of an absolute majority. 

Art. 65. Each house shall be the judge of the election of its respec- 
tive members and shall also pass upon their resignations. No senator 
or representative shall be expelled from the house to which he be- 
longs, except upon grounds previously determined, and the concur- 
rence of at least two thirds of the total number of its members. 

Art. 56. Each house shall frame its respective rules and regula- 
tigns, and elect from among its members its president, vice-presidents 
and secretaries. But the president of the Senate shall not discharge 
his duties as such, except in case the Vice-President of the Republic 
is absent or acting as President. 

SECTION V. CONGRESS AND ITS POWERS. 

Art. 57. Congress shall assemble, without necessity of previous 
call, twice in each year, each session to last not less than forty work- 
ing days. The first session shall begin on the first Monday in April 
and the second on the first Monday in November. 

It shall meet in extra session in such cases and in such manner as 
may be provided by its rules and regulations and when called to con- 
vene by the President of the Eepublic in accordance with the pro- 
visions of this Constitution. In both cases it shall. only consider the 
express object or objects for which it assembles. 

Art. 58. Congress shall meet in joint session to proclaim, after 
counting and verifying the electoral vote, the President and Vice- 
President of the Republic. 

In this case the president of the Senate, and in his absence the presi- 
dent of the Chamber of Representatives, as vice-president of the 
Congress, shall preside over the joint meeting. 

If upon counting the votes for President it is found that none of 
the candidates has an absolute majority of votes, or if the votes are 
equally divided, Congress, by the same majority, shall elect as Presi- 



CUBA. itfl 

clent one of the two candidates having obtained the greatest number 
of votes. 

Should more than two candidates receive the highest number of 
votes — no one obtaining an absolute majority — ^two or more having 
secured the same number, Congress shall elect from said candidates. 

If the vote of Congress is equally divided another vote shall be 
taken ; and if the result of the second vote is the same, the president 
shall cast the deciding vote. 

The method established in the preceding number shall be also 
employed in the election of Vice-President of the Republic. 

The counting of the electoral vote shall take place prior to the 
expiration of the presidential term. 

Art. 59. Congress shall have the following powers : 

1. To enact the national codes and the laws of a general nature ; 
to determine the rules that shall be observed in the general, provincial 
and municipal elections ; to issue orders for the regulation and organ- 
ization of all services pertaining to the administration of national, 
provincial and municipal government ; and to pass all other laws and 
resolutions which it may deem proper relating to other matters of 
public interest. 

2. To discuss and approve the budgets of the revenues and ex- 
penses of the government. The said revenues and expenses, except 
such as will be mentioned hereafter, shall be included in annual 
budgets which shall be available only during the year for which they 
shall have been approved. 

The expenses of Congress, those of the administration of justice 
and those required to meet the interest and redemption of loans shall 
have, the same as the revenues with which they have to be paid, the 
character of permanent and shall be included in a fixed budget which 
shall remain in force until changed by special laws. 

3. To contract loans, with the obligation, however, of providing 
permanent revenues for the payment of the interest and redemption 
thereof. 

All measures relating to loans shall require the vote of two thirds 
of the total number of the members of each house. 

4. To coin money, fixing the standard, weight, value and denomi- 
nation thereof. 

5. To regulate the system of weights and measures. 

6. To make provisions for regulating and developing internal 
and foreign commerce. 

7. To regulate the services of communications and ^ railroads, 
roads, canals and harbors, creating those required by public con- - 
venience. 

^ The Diario de Seaionea and El Libro del oiudadano cuhano has " of railway com- 
munications.'* 



162 CONSTITUTIONS OF THE STATES AT WAR. 

8. To levy such taxes and imposts of national character as may 
be necessary for the needs of the government. 

9. To establish rules and proceedings for obtaining naturali- 
zation. 

10. To grant amnesties. 

11. To fix the strength of the land and naval forces and provide 
for their organization. 

12. To declare war and approve treaties of peace negotiated by 
the President of the Republic. 

13. To designate, by means of a special law, the official who shall 
act as President of the Republic in case of death, resignation, re- 
moval, or supervenient inability of the President and Vice-Presi- 
dent. 

Art. 60. Congress shall not attach to appropriation bills any pro- 
vision tending to make changes or reforms in the legislation or in 
the administration of the government; nor shall it diminish or 
abolish revenues of permanent character without creating at the 
same time new revenues to take their place, except in case that the 
decrease or abolition depend upon the decrease or abolition of the 
equivalent permanent expenses. Nor shall Congress appropriate 
for any service to be provided for in the annual budget a larger 
sum of monev than that recommended in the estimates submitted bv 
the government; but Congress may by means of special laws create 
new services and reform or give greater scope to those already 
existing. 

SECTION VI. — INITIATI\T.. PREPARATION, APPROVAL AND PROMULOATTOX 

OF LAWS. 

Art. 61. The right to initiate legislation is vested without distinc- 
tion in both houses of Congress. 

Art. 62. Everv bill passed bv the two houses and everv resolu- 
tion of the same which has to be executed bv the President of the 
Republic shall be submitted to him for approval. If they are ap- 
proved, they shall be signed at once by the President. If they are 
not approved, they shall be returned by the President, with his objec- 
tions, to the house in which they originated, which shall enter said 
objections upon its journal and engage again in the discussion of 
the subject. 

If after this new discussion two thirds of the total number of the 
members of the house vote in favor of the bill or resolution as origi- 
nally passed, the latter shall be referred with the objections of the 
President, to the other house, where it shall be also discussed, and 
if the measure is approved there by the same majority it shall be- 
come a law. In all these cases the vote shall be by yeas and nays. 



CUBA. 163 

If within ten working days immediately following the sending 
of the bill or resolution to the President, the latter fails to return 
it, it shall be considered approved and shall become law. 

If within the last ten days of a session of Congress a bill is sent 
to the President of the Republic, and he wishes to take advantage of 
the whole time granted him in the foregoing paragraph for the 
purposes of approval or disapproval, he shall acquaint the Congress 
with his desire, so as to cause it to remain in session, if it so wishes, 
until the end of the ten days. The failure by the President to do 
so shall cause the bill to be considered approved and become a law. 

No bill totally rejected by one house shall be discussed again in 
the same session. 

Art. 63. Every law shall be promulgated within ten days next fol- 
lowing its approval by either the President or the Congress, as the 
case may be, under the provisions of the preceding article. 

TrrLE VII. — The Executive Power. 

SECTION I. — THE EXERCISE OF THE EXECUTIVE POWER. 

Art. 64. The executive power ^ shall be vested in the President of 
the Republic. 

section II. — THE PRESIDENT OF THE REPUBLIC, HIS POWERS AND DUTIES. 

Art. 65. To be President of the Republic it is required : 

1. To be a Cuban by birth or naturalization, and in the latter 
case to have served in the Cuban armies in the wars of independence 
for at least ten years. 

2. To be over 40 years of age. 

3. To be in the full enjoyment of civil and political rights. 
Art. 66. The President of the Republic shall be elected by presi- 
dential electors on the same day, in the manner provided by law. 

The term of office shall be four years, and no one shall be President 
for three consecutive terms. 

Art. 67. The President, before entering on the discharge of the 
duties of his office, shall take oath or affirmation before the Supreme 
Court of Justice to faithfully discharge his duties and comply and 
cause others to comply with the Constitution and the laws. 

Art. 68. The President of the Republic shall have the following 
powers and duties : 

1. To approve and promulgate the laws, and to obey and cause 
others to obey their provisions. To enact, if Congress has not done 
so, such rules and regulations as may be necessary for the proper 

^ Organic Law (on the execntive power) of 26 January 1909. 



164 CONSTITUTIONS OF THE STATES AT WAR. 

execution of the laws ; and to issue all orders or decrees which may be 
conducive to the same purpose or to any other purposes of govern- 
ment and the administration thereof in the Republic, provided that 
in no case the said orders or decrees are at variance with the provi- 
sions of the law. 

2. To call Congress, or the Senate alone, to meet in extra session 
in the cases set forth in the Constitution, or when in his opinion the 
meeting may be necessary. 

3. He shall adjourn Congress, when no agreement can be reached 
between the two houses on the question of adjournment. 

4. To transmit to Congress at the beginning of each session, and 
whenever he may deem it advisable, a message relating to the acts of 
his administration, showing the general condition of the affairs of 
the Eepublic, and recommending the adoption of such laws and 
measures as he may deem necessary or advisable. 

5. To submit to Congress through either one of the houses, 
before 15 November, a draft of the annual budget. 

6. To furnish Congress all the information desired by it on every 
matter of business which does not require secrecy. 

7. To conduct all diplomatic negotiations and conclude treaties 
with foreign nations, provided that these treaties be submitted for 
approval of the Senate, without which requisite they shall be neither 
valid nor binding upon the Republic. 

8. To freely appoint and remove the secretaries of State, giving 
Congress information of his action. 

9. To appoint, with the approval of the Senate, the Chief Justice 
and the associate justices of the Supreme Court, and the diplomatic 
and consular agents of the Republic. If the vacancy occurs at a 
time in which the Senate is not in session^ he shall have power to 
make the appointment of said functionaries ad interim. 

10. To appoint all other public officers recognized by law, whose 
appointment is not entrusted to some other authority. 

11. To suspend the exercise of the rights enumerated in Article 
40 of the Constitution in the cases and in the manner set forth in 
Articles 41 and 42. 

12. To suspend the resolutions passed by the provincial and 
municipal councils in the cases and in the manner set forth in this 
Constitution. 

13. To order the suspension of the governors of provinces in case 
they exceed their powers or violate the laws; but in these cases he 
shall report the fact to the Senate, in the manner and form deter- 
mined by law, for such action as may be proper. 

14. To prefer charges against the governors of provinces in the 
cases set forth in No. 3 of Article 47. 



CUBA. 165 

15. To grant pardons according to the provisions of law, except 
in the case of public functionaries convicted for wrongs done in the 
exercise of their functions. 

16. To receive diplomatic representatives and admit consular 
agents of other nations. 

17. To dispose of the land and sea forces of the Republic as 
commander-in-chief of the same. To provide for the defense of the 
national territory, reporting to Congress what he may have done on 
the subject. To provide for the preservation of peace and public 
order in the interior of the country. If there is danger of invasion, 
or of any rebellion breaking out and gravely threatening the public 
safety, Congress not being in session at the time, the President shall 
call it to convene without delay for such action as may be deemed 
proper. 

Art. 69. The President shall not leave the territory of the Republic 
without the permission of Congress. 

Art. 70. The President shall be responsible before the Supreme 
Court for the common offenses he may commit during his term of 
office, but he shall not be prosecuted without previous permission of 
the Senate. 

Art. 71. The President shall receive from the State a salary which 
may be changed at any time, but the change shall not go into effect 
until the next following presidential term. 

Title VIII. — The Vice-President of the Republic. 

Art. 72. There shall be a Vice-President of the Republic, who shall 
be elected in the same manner and for the same period of time as the 
President, and jointly with him. To be Vice-President the same 
qualifications set forth in this Constitution to be President shall be 
required. 

Art. 73. The Vice-President of the Republic shall be the president 
of the Senate, but he shall vote only in case that the votes of the 
senators are equally divided. 

Art. 74. In case of temporary or permanent absence of the Presi- 
dent of the Republic, the Vice-President shall act in his place. If the 
absence is permanent, the Acting President shall continue in office 
until the end of the presidential term. 

Art. 75. The Vice-President shall receive from the State a salary 
which may be changed at any time, but the change shall not go into 
effect until the next following presidential term. 

Title IX. — The Secretaries of State. 

Art. 76. For the transaction of the executive business, the Presi- 
dent of the Republic shall have as many secretaries of State as the 
law may determine, and no one shall be a secretary of State who 



166 CONSTITUTIONS OF THE STATES AT WAR. 

is not a Cuban citizen in the full enjoyment of his civil and political 
ri^t& 

Art. 77. All decrees, orders and decisions of the President of the 
Bepublic shall be countersigned by the secretary of State to whom 
the matter corresponds. Without this signature no decree, order or 
decision of the President shall have binding force nor shall it be 
obeyed. 

Art. 78. The secretaries of State shall 'be personally responsible for 
the measures signed by them, and jointly and severally for the meas- 
ures agreed upon or authorized by them at a cabinet meeting. This 
responsibility does not exclude the personal and direct responsibility 
of the President of the Kepublic. 

Art. 79. The secretaries of State shall be impeachable before the 
Senate by the Chamber of Representatives in the cases mentioned in 
No. 2 of Article 47. 

Art. 80. The secretaries of State shall receive from the State a 
salary which may be changed at any time, but the change ^all not go 
into effeet until the next following presidential term. 

Title X. — ^The Judicial Power. 

section I. — ^THE EXERCISE OF THE JUDICIAL POWER. 

Art. 81. The judicial power ^ is vested in a Supreme Court of Jus- 
tice and in all the other tribunals which may be established by law. 
The law shall regulate the respective organization and powers of 
these tribunals, the manner of exercising their powers, and the quali- 
fications required of the judicial functionaries. 

SECTION II. — THE SUPREME COURT OF JUSTICE. 

Art. 82. To be Chief Justice or associate justice of the Supreme 
Court it is required : 

1. To be a Cuban by birth. 

2. To be over 35 years of age. 

3. To be in the full enjoyment of civil and political rights, and 
not to have been condemned to any corporal punishment for common 
offenses. 

4. To have in addition to the foregoing qualifications any one of 
the following: 

To have practiced in Cuba, during ten years at least, the profes- 
sion of lawyer ; or have discharged for the same length of time judi- 
cial functions; or have taught law for the same number of years in 
an official establishment. 

> Organic Law (on the ^dlclal power) of 27 January 1900. 



CUBA. 167 

I 

The following persons are also eligible for the positions of Chief 
Justice or associate justices of the Supreme Court, even if not having 
the qualifications set forth in Nos. 1, 2 and 3 of this article : 

a. Those who have served in the judiciary for the time deter- 
mined by law in a position of equal or immediately inferior category. 
6. Those who, previous to the promulgation of this Constitution, 
served as justices of the Supreme Court of the Island of Cuba. 

The time of service in the judiciary shall be computed as time of 
practice of law for the purpose of qualifying the lawyers to be 
appointed justices of the Supreme Court. 

Art. 83. The Supreme Court shall have the following attributions, 
in addition to those already vested or hereafter to be vested in it : 

1. To take cognizance of cases on a writ of error. 

2. To decide conflicts of jurisdiction between courts immediately 
inferior to it, or not having a common superior. 

3. To take cognizance of the cases to which the State on the one 
side and the provinces or municipalities on the other are parties. 

4. To decide as to the constitutionality of the laws, decrees and 
regulations when a question to that effect is raised by any party. 

SECTION III. — GENERAL RULES REGARDING THE ADMINISTRATION OF 

JUSTICE. 

Art. 84. Justice shall be administered gratuitously throughout the 
entire territory of the Republic. 

Art. 85. The courts shall take cognizance of all cases, whether 
civil, criminal, or between the government and private parties. 

Art. 86. No judicial commissions or extraordinary tribunals, no 
matter under what name, shall ever be created. 

Art. 87. No functionary of the judicial order shall be suspended or 
removed from his office except for crime or some other gi'ave cause, 
fully proven, and always after being heard. Nor shall he be trans- 
ferred without his consent to any other place, unless it is for the 
manifest benefit of the public service. 

Art. 88. All judicial functionaries shall be personally responsible, 
in the manner and form determined by law, for the violations of law 
which they may commit. 

Art. 89. The salaries of judicial functionaries shall not be changed 
except at the end of periods of more than five years, and by means 
of a law. The law, however, shall not give different salaries to posi- 
tions whose rank, category and functions are equal. 

Art. 90. The courts for the forces of land and sea shall be governed 
by a special organic law.* 

*Code of Military Procedure of 27 January 1909. 



168 CONSTITUTIONS OF THE STATES AT WAR. 

Title XI. — The Provincial Govern3ient. 

SECTION I. — general PROVISIONS. 

Art. 91. A province consists of the municipal districts established 
within its limits. 

Art. 92. Each province shall have a governor and a provincial 
council elected directly by the people, in the manner and form estab- 
lished by law.^ 

The number of councilors in each province shall not be less than 
eight nor more than twenty. 

SECTION II. — THE PROVINCIAL COUNCILS AND THEIR ATTRIBUTIONS. 

Art. 93. The provincial councils shall have power : 

1. To resolve upon matters concerning the provinces which, 
under the Constitution, treaties or laws, are not within the general 
jurisdiction of the State or the exclusive jurisdiction of the mu- 
nicipal councils. 

2. To frame the budget of their expenses, providing at the same 
time for the necessary revenue to meet them, provided that this is 
done in a manner not inconsistent with the system of taxation 
adopted by the State. 

3. To contract loans for public works of provincial interest, pro- 
vided that at the same time sufficient revenue is raised to meet the 
payment of interest and principal when due. 

Such loans shall not be carried into effect unless they are ap- 
proved by two thirds of the municipal councils of the provinces. 

4. To impeach before the Senate the governor of their respective 
province, in the cases set forth in No. 3 of Article 47, when two thirds 
of the total number of provincial councilors decide in secret session 
that this should be done. 

5. To appoint and remove, according to law, the provincial em- 
plovees. 

Art. 94. The provincial councils shall have no power to diminish 
or abolish revenue of permanent character without creating at the 
same time some other revenue to take its place, except in case that 
the decrease or suppression are due to the decrease or suppression of 
equivalent permanent expenses. 

Art. 95. The resolutions of the provincial councils shall be sent to 
the governor of the province. If approved, they shall be signed by 
him; if not, they shall be returned with his objections to the council, 
wherein the subject shall be again discussed. If after the second 
discussion the resolution is approved by two thirds of the total 
number of councilors it shall become a law. 



' Organic Law (on provinces) of 2 June 1908. 



CUBA, 169 

If the governor does not return the resolution within ten days from 
the date of reference, it shall be considered approved and shall 
become a law. 

Art. 96. The resolutions of the provincial councils may be sus- 
pended by the governor of the province or by the President of the 
Republic, whenever, in their opinion, they are contrary to the Consti- 
tution, the laws, or any resolutions passed by the municipal councils 
in due exercise of their functions ; but the right to take cognizance of 
and pass upon the claims which may arise out of the said suspension 
shall be reserved to the courts of justice. 

Art. 97. Neither the provincial councils nor any section or com- 
mittee, selected from their members or from persons not members 
thereof, shall intervene in matters belonging to any class of elections. 

Art. 98. The provincial councilors shall be personally responsible 
before the courts in the manner determined by law for whatever may^ 
be done by them in the exercise of their functions. 

section m. — THE GOVERNORS OF PROVINCES AND THEIR ATTRIBUTIONS.. 

Art. 99. The governors of provinces shall have the following- 
powers : 

1. To comply and cause others to comply, as far as their prov- 
inces are concerned, with the laws, decrees and general rules and 
regulations of the nation. 

2. To publish such resolutions of the provincial councils as have- 
force of law, and comply and cause others to comply with them. 

3. To issue orders, instructions and rules for the proper execu-^ 
tion of the resolutions of the provincial council, if the latter has not 
done so already. 

4. To call the provincial councils to convene in extra session 
whenever in his own judgment the same may be necessary. The 
subjects to be discussed in this session shall be set forth in the call. 

5. To suspend the resolutions of the provincial and municipal 
councils in the cases set forth in this Constitution. 

6. To order the suspension of mayors, in case they have exceeded 
their powers, violated the Constitution or the laws, acted in contra- 
vention to the resolutions of the provincial councils, or failed to da 
their duty. The suspension shall be reported to the provincial coun- 
cil in the manner and form established by law. 

7. Ta appoint and remove the employees of their offices in the 
manner provided by law. 

Art. 100. The governors shall be responsible before the Senate in 
the cases set forth in this Constitution, and before the courts of jus- 
tice, according to the provisions of the law, in all other classes of 
offenses. 

88381—19 ^12 



170 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 101. The governors shall receive from the provincial treasury 
a salary which may be changed at any time, but the change shall 
not take effect until after the election of a new governor is held. 

Art. 102. In case of temporary or permanent vacancy of the posi- 
tion of governor of the province, the president of the provincial coun- 
cil shall act in his place. If the vacancy is permanent, the acting 
governor shall continue in the discharge of his duties as such until 
the end of the term. 

Title XII. — ^The Municipal Government. 

SECTION I. — GENERJ.L PROVISIONS. 

Art. 103. The municipal districts rzhall be governed by municipal 
councils, consisting of aldermen or councilors directly elected by the 
people, in the number and in the manner provided by law.^ 

Art. 104. There shall be in each municipal district a mayor elected 
by the people by direct vote in the manner and form established by 
law. 

SECTION II. — THE MUNICIPAL COUNCILS AND THEIR ATTRIBUTIONS. 

Art. 105. The municipal councils shall have power : 

1. To resolve on all matters exclusively relating to their own 
municipal districts. 

2. To prepare the budget of their expenses, providing at the same 
time the necessary revenue to meet them, on condition, however, that 
this is done in a manner consistent with the general system of 
taxation of the Sepublic. 

3. To resolve on the negotiation of loans, providing at the same 
time the permanent revenue necessary to meet the interest and 
principal when due. 

In order that these loans may be carried into effect, they shall 
have to be approved by two thirds of the electors of the municipal 
district. 

4. To appoint and remove the municipal employees in the man- 
ner established by law. 

Art. 106. The municipal councils shall not decrease or suppress 
any revenues of permanent character without establishing at the 
same time some other revenues which may take their place, except 
in case the decrease or suppression is due to the decrease or suppres- 
sion of the equivalent permanent expense. 

Art. 107. The resolutions of the municipal rx)uncils shall be re- 
ferred to th^ mayor. If approved by him, they shall be authorized 
with his signature ; if not, they shall be returned with his objections 

^Organic Law (on municipal districts) of 29 May 1908. 




CXJBA. 171 

to the municipal council, wherein they shall be again discussed. If, 
after a second discussion, two thirds of the total number of coun- 
cilors vote in favor of the resolution, it shall become a law. 

When the mayor does not return the resolution, within ten days 
after the date of reference, it shall be considered approved and 
become a law. 

Art. 108. The resolution^ of the municipal councils may be sus- 
pended by the mayor, the governor of the province, or the President 
of the Republic, when in their opinion they are contrary to the Con- 
stitution, the treaties, the laws, or the resolutions passed by the 
provincial councils within the sphere of their powers. But the right 
to take cognizance and pass upon the claims which may arise out of 
said suspension shall be reserved to the courts of justice. 

Art. 109. The members of the municipal councils shall be per- 
sonally responsible before the courts of justice, in the manner and 
form established by law, for the acts done by them in the per- 
formance of their duties. 

SECTION III. — THE MATORS AND THEIR ATTRIBUTIONS AND DUTIES. 

Art. 110. Mayors shall have power: 

1. To publish such resolutions of the municipal councils as may 
have force of law, and execute and cause the same to be executed. 

2. To administer the municipal affairs, issuing orders and in- 
structions as well as rules for the better execution of the resolutions 
of the municipal councils, whenever the latter may fail to do so. 

3. To appoint and remove the employees of their respective 
offices in the manner provided by law. 

Art. 111. Mayors shall be personally responsible before the courts 
of justice, in the manner prescribed by law, for all acts performed 
by them in the discharge of their functions. 

Art. 112. Each mayor shall receive a salary, to be paid by the 
municipal treasury, which may be changed at any time; but such 
change shall not take effect until after a new election for mayor has 
been held. 

Art, 113. In case of vacancy, either temporary or permanent, of 
tjie office of mayor, the president of the municipal council shall act 
as mayor. 

Should the absence be permanent, the substitute shall act until 
the end of the term for which the mayor was elected. 

Title XIII. — The National Treasury. 

Art. 114. All property existing within the territory of the Repub- 
lic not belonging to provinces, municipalities or private individuals 
or corporations shall belong to the State. 



172 CONSTITUTIONS OF THE STATES AT WAB. 

Title XIV. — Amendments ro the Constitution. 

Art. 115. The Constitution shall not be amended, in whole or in 
part, except by resolution passed by two thirds of the total number 
of members of each house of Congress. 

Six months after the resolution to amend the Constitution has 
been passed, a Constitutional Convention shall be called to assemble, 
for the exclusive and specific purpose of either approving or reject- 
ing the amendment. Each house shall, in the meantime, continue 
to perform its duties with absolute independence of the Convention. 

Delegates to the said Convention shall be elected by each province 
at the rate of one for every 50,000 inhabitants, in the manner that 
may be provided by law. 

TRANSITORY PROVISIONS. 

First. The Republic of Cuba does not recognize any other debts 
or obligations than those legitimately contracted in favor of the 
revolution by commanders of bodies of the liberating army, subse- 
quent to 24 February 1895 and prior to 19 September of the same 
year, on which date the Jimaguayu Constitution was promulgated; 
and the debts and obligations contracted afterwards by the revolu- 
tionary government, either by itself or through its legitimate repre- 
sentatives in foreign countries. Congress shall examine said debts 
and obligations and decide upon the payment of those which are 
found legitimate. 

Second. Persons born in Cuba, or children of native-bom Cubans, 
who, at the time of the promulgation of this Constitution, are citi- 
zens of any foreign nation, shall not enjoy the rights of Cuban 
nationality without first renouncing expressly their foreign citi- 
zenship. 

Third. The time of service of foreigners in the wars of independ- 
ence of Cuba shall be counted as time of naturalization and resi- 
dence, for the acquisition of the right granted to naturalized citi- 
zens in Article 49. 

Fourth. The basis of population established in relation to the 
election of representatives in Congress, and of delegates to the Con- 
stitutional Convention, in Articles 48 and 115, may be changed by 
law, whenever, in the judgment of Congress, the change becomes 
necessary through the increase in the number of inhabitants, shown 
by censuses to be periodically taken. 

Fifth. At the time of the first organization of the Senate, the 
senators shall be divided into two groups for the purpose of their 
renewal. 

Those forming the first group shall cease in their duties at the 
expiration of the fourth year, and those forming the second group 



CXTBA. 173 

at the expiration of the eighth year. It shall be decided by lot which 
of the two senators from each province shall belong to either group. 

The law shall provide the method to be followed in the formation 
of the two groups into which the Chamber of Representatives shall be 
divided for the purpose of its partial renewal. 

Sixth. Ninety days after the promulgation of the electoral law, 
which shall be framed and adopted by the Constitutional Convention, 
an election shall be held of the public functionaries provided by the 
Constitution, to whom the transfer of the government of Cuba, in 
conformity with the provisions of Order No. 301 of Headquarters, 
Division of Cuba, dated 25 July 1900, is to be made. 

Seventh. All laws, decrees, regulations, orders and other provi- 
sions which may be in force at the time of the promulgation of this 
Constitution shall continue to be observed, in so far as they do not 
conflict with the said Constitution, until legally revoked or amended. 

APPENDIX OF 12 JXTNE 1901.' 

[Preamble.] 

The Constitutional Convention, acting in conformity with the 
order of the Military Governor of the Island, of 25 July 1900, by 
which it was called to assemble, resolves to attach, and does hereby 
attach to the Constitution of the Republic of Cuba adopted on 21 
February ultimo, the following Appendix. 

Article 1. The government of Cuba shall never, enter into any 
treaty or other compact with any foreign power or powers which 
will impair or tend to impair the independence of Cuba, nor in any 
way authorize or permit any foreign Power or Powers to obtain by 
colonization or for military or naval purposes, or otherwise, lodg- 
ment in or control over any portion of said island. 

Art. 2. That said government shall not assume or contract any 
public debt to pay the interest upon which, and to make reasonable 
sinking-fund provision for the ultimate discharge of which, the 
ordinary revenues of the island, after defraying the current expenses 
of government, shall be inadequate. 

Art. 3. That the government of Cuba consents that the United 
States may exercise the right to intervene* for the preservation of 
Cuban independence, the maintenance of a government adequate for 
the protection of life, property and individual liberty, and for dis- 
charging the obligations with respect to Cuba imposed by the Treaty 
of Paris on the United States, now to be assumed and undertaken 
by the government of Cuba. 

'See above, p. 151, note 4. 

'This right was exerclBed in August 1906, when an Insurrection broke out, the pro- 
visional government being undertaken by a United States Commission, which relinquished 
its oiflce on 24 January 1900. 



174 CONSTITUTIONS OF tHB STATES AT WAR. 

Art. 4. That all acts of the United States in Cuba during its 
military occupancy thereof are ratified and validated, and all lawful 
rights acquired theremkler shall be maintained and protected. 

Art. 5. That the government of Cuba will execute, and, as far 
as necessary, extend the plans already devised, or other plans to be 
mutually agreed upon, for the sanitation of the cities of the Islands 
to the end that a recurrence of epidemic and infectious diseases may 
be prevented, thereby assuring protection to the people and com- 
merce of Cuba, as well as to the commerce of the southern ports of 
the United States and the people residing therein. 

Art. 6. That the Isle of Pines shall be omitted from the pro- 
posed constitutional boundaries of Cuba, the title thereto being left 
to future adjustment by treaty. 

Art. 7. That to enable the United States to maintain the in- 
dependence of Cuba, and to protect the people thereof, as well as for 
its own defense, the government of Cuba will sell or lease to the 
United States lands necessary for coaling or naval stations, at cer- 
tain specified points, to be agreed upon with the President of the 
United States.^ 

Art. 8. That, by way of further assurance, the government of 
Cuba will embody the foregoing provisions in a permanent treaty 
with the United States.^ 

^ Under treaties signed 2 July 1903, tbe United EHtttes has coaling statloiia in the 
Bay of GuantAnamo and Bahla Honda, for which $2,000 is paid annuaUy. 
* See aboye. p. 151, note 3. 



EGYPT. 

On 13 February 1841 (21 Dulkaada 1256), Egypt became the 
hereditary possession of the Sultan of the Ottoman Empire. In 
1866 and 1867 imperial firmans extended the attributions of the 
Khedive so as to give him absolute power to do whatever was neces- 
sary for the internal administration of Egypt. An Assembly was 
established to deliberate upon the domestic interests of the country 
and a regulation in 61 articles determining the attributions of the 
Assembly was promulgated by the Khedive 20 November 1866.^ In 
1883 the British government undertook the political and administra- 
tive reorganization of the country and on 1 May an Organic Law 
was promulgated by the Khedive creating a number of representative 
institutions, including a Legislative Council, a General Assembly 
and Provincial Councils.^ But these bodies were mainly consultative 
and the Khedive and his ministers retained most of the legislative 
power. An electoral law in 46 articles was promulgated the same 
date (24 Jomada I 1300) . These two laws were replaced • in July 
1913 by the present Organic and Electoral Laws, by which for the 
Legislative Council and General Assembly was substituted a new 
body called the Legislative Assembly.* 



OSOARIC LAW OF 21 JTJLT 1913.' 

[Pbsamble.] 

We, Khedive of Egypt, 

Whereas it is Our desire to endow Our country with an enlightened 
system of government, which, while assuring good administration, 
the protection of the liberty* of the individual and the development 
of progress and civilization, shall be specially adapted to the country ; 

1 French text in Staatsarchiv, 41 (no. 7741). 

■ French text Is In the British and Foreign State Papers, 74 : pp. 1095-1103, and F. B. 
Dabbsti vr P. Dabbste, Le$ ConstiiuUona modemes (3d edition, Paris, 1910), toI. ii, 
pp. 346-356. 

« See Article 54 below. 

* These introductory paragraphs are baaed apoB Dabestb, op. <Ht., pp. 345-346, and 
The Statesman's Year Book (1918). 

B Translation taken from the British Parliamentary Paper Egypt, No. SA (191S) (Lon* 
don, 1913) [Cd. 6878], which also contains a translation of the Electoral Law of the 
same date. French text with the commentary of the British Consul-Oeneral at Cairo in 
the British and Foreign State Pa94sr9» 109 : pp. 917-941. The date of the Khedive's de- 
cree is 1 July 1913 (26 Rajab 1331), but the law did not come Into force until 21 July 
(see Article 55). 

175 



176 CONSTITUTIONS OF THE STATES AT WAK. 

Whereas such a result can only be obtained by the loyal cooperation 
of all classes and the coordination of all interests with a view to the 
calm and considered development of a system of government which, 
without being a servile imitation of Western methods, shall be capa- 
ble of advancing the prosperity of the Egyptian people ; 

And whereas it is consequently Our intention to introduce amend- 
ments into the Organic Law with the object of improving Our legis- 
lative system, substituting for the present Organic Laws, Laws the 
objects of which are the fusion in a single Assembly of the Legislative 
Council and the General Assembly, the adoption of a wider and moi^ 
rational method of election, the increase of the number of representa- 
tives entrusted with a share in the process of legislation, the grant 
to the new Assembly, and the organization of a procedure of con- 
:sultation and initiative such as shall enable Our government to profit 
to a greater extent by the opinions and suggestions of the new 
Assembly with reference to the management of the internal affairs of 

Hereby decree : 

Part L 

Article 1. There shall be : 

1. A Legislative Assembly ; and 

2. A Provincial Council in each moodirieh.^ 

Part II. — Composition of the Legislative Assembly. 

Art. 2. The Legislative Assembly shall be composed of ex officio 
members, of elected members and of nominated members. 

The ministers shall be ex officio members. 

There shall be sixty-six elected members, one of whom shall be 
elected by the Assembly as vice-president. These members shall be 
elected in accordance with the forms and conditions prescribed by 
the Electoral Law. 

There shall be seventeen nominated members, that is to say, a presi- 
dent, a vice-president and fifteen members, chosen with a view to 
securing the representation of minorities and interests not repre- 
sented by the elected portion of the Assembly. 

The elected and nominated members shall be entitled to 'an allow- 
ance. 

A decree promulgated at the instance of Our Council of Ministers 
^all determine the composition of the Legislative Assembly after 
the election. 



^ That ifli In eaeh province. 



EGYPT. 177 

t 

• 

Abt. 8. The seats of the elected members shall be assigned as 
follows : ^ 

Cairo 4 

Alexandria 3 

Gharbieh 7 

Menoufieh 5 

Dakalleh 5 

Behera ^_, 5 

Sharkieh 5 

Kalioubieh 3 

Glzeh , 3 

Beni-Souef 2 

Fayoum 6 

Mlnieh 4 

Asslut 5 

Girgeh 4 

Kena ^ 4 

Assuan . 1 

Port Said and Ismailia 1 

Suez 1 

Damietta 1 

The fifteen members to be nominated by the government shall be 
chosen in such a way as to assure to the different classes of the popu- 
lation a minimum representation in the Assembly according to the 
following table: 

Copta 4 

Arab Bedouins 3 

Business men 2 

Medical men 2 

Engineer 1 

Representative of general or religious education 1 

Representative of the municipalities 1 

Art. 4. The mandate of the nominated and elected members of the 
Legislative Assembly shall last six years. The nominated and elected 
members shall respectively be renewed by thirds every two years. 
The first partial renewal of the General Assembly shall take place 
after a period of two years and the second after a period of four 
years. The selection of the outgoing members shall be made by lot. 
The same rules shall apply in the case of the renewal of the Assembly 
as a whole. 

Art. 5. The members of the Legislative Assembly shall, at the first 
sitting or before acting in their office, take an oath of fidelity to Our 
Person and of obedience to the laws of the land. 

^ The spelling of these proper names has been made to conform to Funk and WagnalU 
Hew Standard Dictionary of the BngHsh Language (New York and London, 1015.) 



ITS' CONSTITUTIONS OF THE^ STATES AT WAIL 

Abt. 6. Except for the cases of forfeiture mentioned in the Elec- 
toral Law, members of the Assembly shall only be deprived of their 
office by decree issued at the instance of Our Council of Ministers 
in pursuance of a resolution passed by the Assembly by a three- 
quarters majority. 

Art. 7. In the case of a seat in the Assembly becoming vacant, a 
new election shall take place or a new member be nominated, as the 
case may be, within three months at the latest. The mandate of the 
new member shall last only until the expiry of the mandate of the 
member whom he replaces. 

Art. 8. The Legislative Assembly may be dissolved by Us at any 
time by decree issued at the instance of Our Council of Ministers. 

In case of dissolution, the new nominations and elections shall take 
place within three months. 

The selection of the members to go out at the first and second 
partial renewals of the new Assembly shall be made by lot. 

Such partial renewals shall always take place in the month of 
January following the completion of the period of two years fixed 
by Article 4. 

Pakt III. — Powers and ATTRiBtrrioNs of the Legislative Assembly. 

Art. 9. No law shall be promulgated without having been pre- 
viously submitted to the Legislative Assembly for its opinion. 

All measures respecting the internal affairs of Egypt which relate 
to the organization of authority in the State or affect the civil or 
political rights of the generality of its inhabitants, as well as all 
decrees regulating matters of public administration, shall be con- 
sidered as " laws." 

All other measures may lawfully be taken under decrees promul- 
gated by Us on the advice of Our Council of Ministers. 

Art. 10. No law or decree shall be promulgated without being 
countersigned by the president of the Council of Ministers and the 
ministers concerned. 

Art. 11. The Assembly shall possess the right of initiating legis- 
lation except as concerns the constitutional laws. 

When the Assembly has been seized by one or more of its members 
of a bill, it shall decide at a public sitting whether or not it shall be 
taken into consideration. 

In the case of its being taken into consideration, the prot)osed text 
shall be submitted to a committee and shall thereafter be examined 
by the Assembly sitting in committee. In the case of approval, the 
bill shall be transmitted to the Council of Ministers. 

If the Council approves the bill, it shall send it back to the As- 
sembly with or without amendments, in order that it may there be 
dealt with according to the usual forms. In the contrary event, the 



iscrttrr. 179 

Council of Ministers shall notify the Asaembly of the reasons for its 
decision. Such reasons shall not be made the ground of any discus- 
sion. 

In no case shall the bill be discussed by the Assembly at a public 
sitting without having been previously approved by the Council of 
Ministers. 

Art. 12. When the Legislative Assembly is seized by the govern- 
ment of a bill, it may accept it without amendment, it may amend it, 
or it may reject it. 

Art. 13. If the government does not agree with the Assembly, it 
shall send back the bill, together with a statement of its views. 

The Assembly may discuss the explanations of the government, and 
if it persists in its disagreement, a conference shall take place between 
the Council of Ministers and the Assembly, sitting in committee. 

Art. 14. If the conference does not result in an agreement, the 
examination of the bill under consideration shall be adjourned for a 
period of fifteen days. At the end of such period the bill shall again 
be submitted to the Assembly, either in its original form, or with such 
alterations as the government considers it advisable to make in it; 
so, nevertheless, that the government shall not depart from the prin- 
ciple of the original bill or from that of the amendments which have 
been introduced into it. 

Art. 15. If after the adjournment provided for in Article 14 the 
Assembly and the government are still in disagreement, the latter 
may either dissolve the Assembly, or may promulgate the law in the 
form in which it last put it forward, or with such modifications as it 
may think right to accept. 

The government shall inform the Assembly of the reasons which 
have led it to disregard the opinion of the Assembly. 

Art. 16. In the event of the dissolution of the Legislative As- 
sembly, under the provisions of Article 15, on account of the con- 
tinuance of disagreement between the government and the Assembly, 
the bill which has given rise to such disagreement may be submitted 
to the new Assembly at its first sitting, and shall in that case take 
precedence of all questions except the budget. The bill thus sub- 
mitted shall be considered as a new bill and shall be examined in the 
ordinary manner. 

Art. 17. No new direct tax, land tax, or personal tax, shall be 
imposed in Egypt without having been discussed and voted by the 
Legislative Assembly. 

Art. 18. The Legislative Assembly shall be asked for its opinion 
as to: 

1. Every public loan. 

2. Every general scheme for the construction or suppression of 
canals, drains, or railways which affects several provinces. 



180 CONSTITUTIONS OF THE STATES AT WAB. 

3. The general classification of the land in the country, from the 
point of view of the land tax. 

The government shall, if the case arises, communicate to the As- 
sembly the reasons for which it has not accepted its opinion. 

Art. 19. The Legislative Assembly may express opinions or pass 
resolutions, either spontaneously or upon a request from the govern- 
ment, relating to matters or bills submitted for its consideration. The 
matters on which the Assembly may spontaneously express opinions 
and pass resolutions as regards the internal affairs of Egypt are 
economic, administrative and financial matters. 

The government shall, if the case arises, communicate to the As- 
sembly the reasons for which it has not accepted any opinion ex- 
pressed or resolution passed by it. 

Art. 20. The services of the civil list, the tribute, and the public 
debt, and, generally, the charges and obligations resulting from the 
law of liquidation or from international agreements, as well as 
questions concerning foreign Powers and the relations of Egypt with 
them shall not be made the subject of any decision, discussion, obser- 
vation, or representation. 

Questions relating to the nomination, promotion, transfer, prosecu- 
tion, or dismissal of a public servant, or of any person entrusted 
with a public duty, or with any other measure affecting any such 
public servant or persons in his individual capacity, shall equally be 
outside the competence of the Assembly. 

Art. 21. Every resolution passed by the Legislative Assembly 
which is not in conformity with the provisions of the present Law 
shall be null and void. 

Art. 22. The general budget of revenue and expenditure shall be 
communicated to the Legislative Assembly one month at least 
before the end of the financial year. 

The- Legislative Assembly may express opinions, submit observa- 
tions, or pass resolutions on any section of the budget except those 
referring to questions mentioned in Article 19. 

Such opinions, observations, or resolutions shall be transmitted 
to the Minister of Finance, who shall, if the case arises, give his 
reasons for the rejection of the suggestions of the Assembly. 

The Legislative Assembly shall have the right to discuss the ex- 
planations thus furnished and to formulate new observations. 

Art. 23. In any event the budget shall be put into force by decree 
issued at the instance of our Council of Ministers fire days before 
the end of the financial year at the latest. 

During the month following the publication of the budget, thft 
Ministry of Finance shall furnish the Legislative Assembly with 
reasons as to any new observations which have not been accepted. 



EGYPT. 181 

Art. 24. The general accounts of the Department of Finance 
drawn up for the past financial year shall be presented annually to 
the Legislative Assembly for its opinion, observations and criticisms 
four months at least before the#introduction of the new budget. 

' Abt. 25. Every Egyptian may address Us by petition. 

Such petitions shall be forwarded to the president of the Legis- 
lative Assembly and shall after examination by the Assembly be 
rejected or taken into consideration. 

All petitions which are taken into consideration shall be sent, for 
such action as the case may call for, to the minister concerned, who 
shall inform the Assembly of the action taken. 

Art. 27. The members of the Legislative Assembly shall be en- 
titled to put questions to ministers with regard to administrative 
matters of general interest, subject to the following conditions : 

1. They shall at least five days in advance send to the secre- 
tariat of the Legislative Assembl}i a written notice containing the 
entire text of the question. 

Nevertheless, in case of urgency, and with the approval of the 
president of the Assembly and of the minister concerned, a question 
may be put after twenty-four hours' notice in writing. 

2, The president of the Legislative Assembly, sitting with the 
two vice-presidents, shall reject or return for modification any ques- 
tion which in his opinion contains improper expressions or personal 
attacks, or is of a nature to provoke animosity between the different 
elements of the population, as also any question affecting the rela- 
tions and arrangements with the Powers. 

Art. 28. The ministers or their representatives shall reply to the 
questions thus asked; they may, nevertheless, refuse to reply to a 
question if they consider that to do so would be contrary to the pub- 
lic interest. 

Art. 29. The replies of the ministers or of their representatives 
shall not be made the subject of any discussion. Nevertheless, the 
members of the Assembly shall have the right, with the approval of 
the president, of putting supplementary questions, but only with a 
view to elucidating points raised by the ministerial reply. 

Part IV. — The Procedure of the Legislath^ Assembly. 

Art. 30. The Legislative Assembly shall meet annually on 1 No- 
vember, and shall continue its session till the end of May the follow- 
ing year. 

It may also be summoned by Us whenever circumstances require it 
to meet. 



182 CONSTITUTIONS OJ? TM^ STATES AT WAR. 

Neither ordinary nor extraordinary sessions shuU terminate until 
the Legislative Assembly has communicated to the government its 
opinion on all the questions submitted to it. 

Akt, 31. Ministers shall have the right to be assisted or represented 
for special matters by high oi^Bcials ot tbeir d^artmart. 

Abt. 32. The sittings of the Legislative Assembly shall be public, 
subject to the provisions of such standing orders as the Assembly 
shall pass with respect thereto. 

Conferences with the Council of Ministers and meetings of the 
Assembly when sitting in committee shall not be public. 

Aht. 33. The Legislative Assembly oan not take valid deci^ons 
unless two thirds at least of its members, excluding those on regular 
leave of absence, are present. 

Except when a three-quarters majority is required, resolutions 
shall be passed by majority of votes. 

When the votes are equally di^ii'<^? t^ ipresident <sball have a 
casting vote. 

Votes shall not be given by proxy. Voting shall be open, unless 
the Assembly decides in the public interest that it shall be by ballot. 

Art. 34. The president of the Le^slative Assembly shall appoint 
the staff required for the despatch of the business of the Assembly. 

Part V. — ^Attributions of Provinciaii Councils. 

Art. 35. — a. The Provincial Council may vote temporary taxes in 
the moodirieh to cover expenditure for public purposes, including 
education. 

It may assign the whole of these taxes to {education. Within a 
limit of 5 per cent, of the whole total of the land tax in the moodi- 
rieh, the decision of the Council shall be final, both with regard to 
its imposition and to its allocation, and shall form the subject of a 
decree. 

In the event of the Council exceeding this limit, its decision as 
regards the excess shall not be fyaal until it has been approved by the 
government and sanctioned by decree. 

The rules regarding public money shall apply to the levy, safe- 
keeping and expenditure of the proceeds of the taxes in question. 

The Council shall have the right to control the expenditure of all 
that portion of the proceeds of which it has not disposed directly, 
whether by virtue of the present Law or some other law. 

b. Except as provided for in the annual budget, which shall be 
voted by the Council for a period of twelve months, commencing on 
1 January, and be approved by the Minister of the Interior, no pay- 
ment out of the funds destined to be spent directly by the Council 



EGYPT. 183 

shall be made without the special authority of the Minister of the 
Interior. 

c. The Ministry of Finance has the right to inspect and verify 
the accounts of the Provincial Councils. 

d. The Council may, tiirough its president, demand from the 
public services of the moodirieh full informaticm on the subject of 
the work for which they are responsible. 

Art. 36. Independently of tfaje attributions conferred on it by the 
express provisions of the present Law or of any other law, the Coun- 
cil may be consulted by the moodir or by any minister on any ques* 
tion as to which the moodir or minister thinks it expedi^xt to obtain 
its opinion. The Council may, further, submit spontaneously to the 
moodir, or through the latter to any minister, or to the Council of 
Ministers, representations on the subject of the^neral needs of the 
province, and notably on the subject of agriculture, irrigation, means 
of communication, public security, public health and education. 

Nevertheless : 
a. The Provincial Council shall not be competent to take cogni- 
zance of any question coming within the scope of* the local commis- 
sions or of the mixed local commissions set up in the moodirieh. 

J. The Provincial Council shall not deliberate on the appoint- 
ment, transfer, discipline, or dismissal of public servants. 

Art. 37. — 1. The preliminary opinion of the Provincial Council 
shall be necessary. as to the following questions: 

(1) The alteration of the boundaries of the moodirieh; 

(2) The establishment or suppression of a local conunission 
within the moodirieh; 

(3) The establishment, transfer, or suppression of government 
schools or hospitals and public cemeteries; 

(4) The purchase, sale, exchange, construction, repairing, or 
change in the purpose for which buildings and immovable property 
belonging to the State in the moodirieh are used ; 

(5) The application of a law to a bandar or village in the 
moodirieh or the decision -to apply it no longer; 

(6) The regulation of the application of a law in a bandar or 
village in the moodirieh ; 

(7) Alterations in administrative and judicial circumscrip- 
tions in the moodirieh ; 

(8) Alterations in the boundaries of the bandars or villages; 
the creation of new villages; the suppression of villages existing in 
the moodirieh; 

(9) The construction of agricultural railways in the moodirieh 
and the fixing of their route; 

(10) The grant of concessions in the moodirieh either to com- 
pamies or privaite individuals. 



184 CONSTITUTIONS OF THE STATES AT WAR. 

2. The consent of the Provincial Council shall be obligatory as 
regards the following measures, before any steps are taken to exe- 
cute them : 

a. The promulgation, modification, or abrogation by the moodir 
of a local regulation, whether for the whole or a part of the mood- 
irieh, or for certain bandars or villages of the moodirieh. 

6. The application of an order or regulation to a bandar or 
village, or the decision to apply to the order no longer. 

c. The regulation of the application of an order or regulation in 
a bandar or village of the moodirieh. 

Nevertheless, the provisions of Sections a^ h and c {supra) shall 
not apply to provisional orders and regulations enacted or applied 
in the case of an epidemic or other circumstances having an urgent 
character. In this case the moodir shall at the first meeting of the 
Council inform it of the reasons for which its consent has been dis- 
pensed with. In the same way the said provisions shall not apply 
to questions coming within the scope of a local commission or of a 
mixed local commission of the moodirieh, or to measures provided 
for by a law on which the Legislative Assembly has expressed its 
opinion. 

Art. 38. There shall be submitted to the Provincial Council for its 
opinion the annual program of the Ministry of Public Works, con- 
cerning the following matters : 

a. The construction of canals and public drains. 

h. The cleaning out of canals and public drains. 

In the case of the Ministry of Public Works judging it neces- 
sary to modify in any way a resolution of the Provincial Council, 
it must consult the Council on the modification. 

c. The rotation of irrigation during low water. 

Nevertheless, the fact of submitting to the Council the program 
of rotation shall not deprive the Ministry of Public Works and its 
agents of the right to modify the order of rotation, in case of 
urgency, without first asking the opinion of the Provincial Council. 
In this case the Council, at its first meeting, shaU be informed of the 
reasons which have led to the modification. 

Art. 39. From the coming into force of the present Law, no fair 
or market shall be held at any place in the moodirieh where it was 
not held periodically before this date, unless authority has pre- 
viously been given by the moodirieh, with the consent of the Pro- 
vincial Council. 

Fairs and markets held in breach of the provisions of the present 
article shall be closed by the moodir by administrative service. 
Nevertheless: 

a. The present article shall not be applicable to markets estab- 
lished by virtue of a concession granted before the entering into 
force of the present Law ; 



BGYFT. 185 

6. No authorization shall be accorded under the present article 
contrary to the terms of a concession already granted ; 

c. No authorization granted under the present article shall dis- 
pense with the obligation to conform with all sanitary or other 
regulations in force in fairs or markets. 

Art. 40. — a. The Provincial Council shall fix, subject to the ap- 
proval of the Ministry of the Interior, the number of ghaffirs neces- 
sary to guard each bandar or village in the moodirieh, except those 
having a local commission or a mixed local commission ; it shall also 
determine the different classes of ghaffirs; 

J* The Council shall fix, under the same conditions, the wages of 
the ghaffirs, taking into consideration the rate of wages current in 
the different parts of the moodirieh; 

c. If, before 1 January of each year the Council has not altered 
the number of ghaffirs in any bandar or village, or the rate of their 
wages, the number of ghaffirs employed in the bandar or village and 
the rate of their wages shall remain the same as in the preceding^ 
year. 

Nevertheless, the Ministry of the Interior may, after having* 
taken the opinion of the Council, increase the number of ghaffirs in 
any bandar or village, if the increase appears to him necessary in the: 
interests of public security. 

d, A committee of the Provincial Council shall be appointed an-^ 
nually to decide without appeal the claims formulated against the 
apportioning between the various dwellings of the sum necessary for 
the maintenance of the ghaffirs in a bandar or village other than 
those possessing a local commission or a mixed local commission. 

Art. 41. — 1. The Provincial Council shall have the following at- 
tributions as regards ezbehs: 

a. No ezbeh shall be constructed in a province without the prior 
authorization of the moodirieh given with the assent of the Provin- 
cial Council.* 

The Council shall take into consideration the area of the lands 
belonging to the petitioner in the place where the ezbeh has been 
constructed, the number of persons employed in the cultivation of 
these lands, the distance between the said lands and any village or 
other locality where lodging could be found and the possibility of 
arranging in a satisfactory manner for the protection of the ezbeh 

without excessive expense. 

Bequests for authority to construct an ezbeh must be accom- 
panied by a plan of the spot, a plan of the buildings, and by all 
other information required to enable the Council to arrive at a 
decision, in accordance with the provisions of the present article. 

h. The Council may at any time decide to demolish an ezbeh, 
even an authorized one, if it serves habitually as a refuge for per- 
sons of bad character or if criminals find asylum therein. 

88381—19 13 



186 CONSTITUTIONS OF THE STATES AT WAB, 

c. The Council may decide to demolish any ezbeh constructed 
without authority, either before or after the coming into force of the 
present Law, if the provision of watchmen is too difficult or costly, 
having regard to the number of its inhabitants and their conditions' 
of existence. 

Nevertheless : 
a. No decision shall be taken by virtue of paragraphs h and c of 
this article until the owner of the ezbeh has been invited to express 
bis views before the Council or before a committee of the Council, 
nor without the approval of the Council of Ministers; 

h. No authorization shall be ffiven for the construction of an 
ezbeh within 100 metres of the embankment of the Nile, or a public 
drain, or a cemetery, or within 300 metres of a birket situated to the 
north of the site proposed for the ezbeh or within 200 metres of any 
other birket; 

c. Any refusal to graiit authorization shall be subject to an ap- • 
peal before the Minister of the Interior. 

2. If an ezbeh has been constructed, or the construction of an ezbeh 
is undertaken, without the authority of the moodir or tlie Minister 
of the Interior, in the case of appeal the administration may proceed 
to demolish the ezbeh before its completion, or within six months of 
its completion. 

The moodir shall have its demolition proceeded with by adminis- 
trative service. The expenses of demolition shall be recovered from 
the owner of the ezbeh or the owner of the land on which the ezbeh 
was being constructed in the form prescribed by the Decree of 25 
March 1880. 

Art. 42. In addition to the development of elementary education 
(including training in agriculture and handicraft), the Council is 
empowered to supervise the development in the moodirieh of educa- 
tion in all its branches and-grades in the following manner: 

a. It may decide to establish or acquire schools in the moodirieh, 
and provide for their management, and shall have all the pawei-s 
necessary for the purpose. 

J. Independently of schools thus established or acquired, the 
Council may equally take over the control of any other school in the 
moodirieh and arrange for its management, provided that the alloca- 
tion of buildings to the needs of education is permanently guaranteed 
and that the effective control of the school is secured to the Council 
by the conditions stipulated in the act of transfer. 

c. In order to establish a uniform system in the whole moodi- 
rieh, the Council may issue regulations and schemes for the manage- 
ment of schools of different categories, besides those established, 
acquired, or managed in conformity with the preceding paragraph ; 
it may confer the title of " recognized schools " on schools managed 




EGYPT. 187 

in conformity with the said regulations and the owners or managers 
of which submit to the conditions laid down on the subject. 

d. It may associate with itself four persons at the most, chosen 
from those particularly interested in education in the moodirieh, 
who shall be present to give their advice at the meetings held by the 
Council for the purpose of deciding questions connected with educa- 
tion, and in the case of the institution of a committee for education 
such persons shall be members of it ex ofiicio. 

The mandate of the said persons shall be for two years; it is 
renewable. 

e. The Council may set up committees composed of members of 
its own body or of the persons interested in education in the mood- 
irieh. These communities shall be entrusted each with the manage- 
ment of one or more schools. The Council shall define their powers 
itself. 

/. It may accept gifts of money, which are destined, or real 
property, the revenues of which are destined, to the needs of educa- 
tion in the moodirieh generally or in stated localities. 

It may also accept subscriptions presented for special objects 
coming within the scope of the Council in matters of education ; in 
this cage the subscriptions shall be spent in accordance with the 
conditions of the. gift. 

ff. Seventy per cent, of the total of the taxes destined for educa- 
tion shall be appropriated by the Council for elementary educaition, 
including training in agriculture and handicraft. The thirty per 
cent, remaining shall be used for the benefit of primary education 
and that of higher grades. 

In the exercise of powers conferred by the present article the 
Council shall observe as far as possible the general principles con- 
tained in any general regulation promulgated by a law or an order 
of the Minister of Public Education. 

Akt. 48. The Council shall, within a reasonable period from the 
day on which it was notified thereof, examine any question sub- 
mitted to it under the present law or any other law, and express its 
opinion. 

If the Provincial Council refuses to express its opinion, or if it 
does not express it within a reasonable time, the Council of Ministers 
may decide to dispense with it. 

Pakt VI. — Composition and Procedxtre of Provincial Councils. 

Art. 44. The Provincial Councils shall be composed as follows : 
Each Council shall consist of two representatives of each markaz 

of the moodirieh, elected by the elector-delegate of the villages in the 

markaz. 



188 CONSTITUTIONS OF THE STATES AT WAR. 

The two representatives must be domiciled in the circumscription 
of the markaz which they represent. 
' For the purposes of this provision : 

1. The capital of a moodirieh with its own administrative organ- 
ization shall be considered as forming part of the markaz in the 
circumscription of which it is situated. 

2. Every markaz, the population of which does not exceed 20,000 
inhabitants, and every administrative subdivision of a moodirieh 
not forming a markaz, shall be amalgamated with other markazes 
by order issued by the Minister of the Interior with the assent of the 
Council of Ministers. 

The moodir shall be the president of the Provincial Council, and, 
if absent or prevented from attending, he shall be replaced by the 
sub-moodir. 

The Provincial Councils thus constituted shall be considered to be 
corporations. They shall be represented by the moodir for the pur- 
pose of the exercise of the powers and the carrying out of the duties 
assigned to them. 

Art. 45. The representatives of the markazes in the Provincial 
Councils shall be elected for four years. One representative of each 
markaz shall retire every two years in turn. 

The retiring members of the Council shall continue to perform their 
duties until the appointment of their successors. They may be 
reelected. 

Art. 46. In the case of a seat of a member of a Provincial Council 
becoming vacant, a new election shall take place within three months 
at the outside. The mandate of the new member shall last only 
until the expiration of the mandate of the member he replaces. 

Art. 47. Each newly-elected member of the Provincial Council 
ghall, before he enters upon his duties, take before the moodir the 
oath of fidelity to the Khedive and of obedience to the laws of the 
country. 

Art. 48. Every member of a Provincial Council who, without rea- 
son considered by the Council as sufficient, shall be absent during 
three consecutive sessions shall be declared by the Council to have 
forfeited his seat. 

By " session " is understood one or more consecutive sittings held 
by virtue of a single smnmons. 

Except for the cases of forfeiture of seats provided for by the 
Electoral Law, the members of the Provincial Council shall not be 
dismissed save by decree issued at the instance of Our Council of 
Ministers on a resolution passed by the Provincial Council by a 
three-quarters majority. 

Art. 49. The Provincial Councils shall assemble at the times fixed 
by their standing orders, or otherwise when summoned by the moodir. 



EGYPT. 189 

The moodir may at any time summon the Council to a special 
sitting, and it shall be obligatory for him to do so whenever a written 
demand to this effect is made to him, signed by at least one third of 
the members of the Council. 

Excepting members of the Provincial Council, no one may be pres- 
ent at the sittings of the Council or at those of its committees without 
being invited by the Council or moodir for the better elucidation of 
the questions under discussioix. 

Nevertheless, each minister may appoint one or more delegates to 
be present at those sittings of the Provincial Council or its commit- 
tees at which questions relating to a service under his department are 
to be discussed. These delegates shall take part in discussions with- 
out voting. 

The moodir, or the sub-moodir for him, shall be an ex oificio mem- 
ber of all the committees of the Council. He shall preside over every 
sitting at which he is present. 

The sittings of the Council shall not be in order unless the number 
of members present exceeds one half. Decisions shall be taken by a 
majority of votes, and in case of an equal division the president shall 
have a casting vote. 

The Minister of the Interior may enact, by order approved by the 
Council of Ministers, regulations of general application for the 
working of the Provincial Councils. 

While complying with the general regulations, each Provincial 
Council may, with the approval of the Minister of the Interior, 
draw up its own standing orders. 

Akt. 50. The dissolution of a Provincial Council may be pro- 
nounced at any time by a decree stating the reasons for this course. 
In this case there shall be a fresh election within three months from 
the date of dissolution. 

Part VII. — ^Intbrpbbtation. 

Abt. 51*. All questions arising as to the interpretation of the pres- 
ent Law shall be decided definitively by a special commission com- 
posed of two ministers, one of whom shall be the Minister of Justice, 
who shall preside, and the other of whom shall be nominated by the 
Council of Ministers, of two members of the Legislative Assembly 
chosen by that Assembly, and of the president, the vice-president and 
the senior judge of the Native Court of Appeal. 

Part VIII. — ^MisceiiLaneoits and Transftory Provisions. 

Art. 52. The first partial renewal of the Legislative Assembly 
shall take place in January 1916, the second in January 1918, and 
the third in January 1920. 



190 CONSTITUTIONS OF THE STATES AT WAR. 

The selection of the members to go out at the first and second 
renewals shall be made by lot. 

Abt. 53. The existing members of the Provincial Councils shall 
remain in office until their mandate runs out. Nevertheless, in order 
to secure the retirement of half of the members every second year 
as required by Article 45, the representative whose mandate would 
normally run out at the end of 1916 shall only remain in office until 
the end of 1915. 

Art. 54. The Organic Law of 1 May 1883, as successively amended 
by the decree of 29 September 1883, and by Laws Nos. 3, 18 and 22 
of 1909, Law No. 2 of 1911 and Law No. 7 of 1912, is hereby re- 
pealed, as are all provisions of laws, decrees, superior orders or regu- 
lations which are in conflict with the provisions of the present Law. 

Art. 55. Our ministers are charged, each so far as he is concerned 
therein, with the execution of the present law, which shall come into 
force as from the date of its publication in the OfjUAoH JowmcH. The 
Law shall, in addition, be placarded in all towns and villages 
throughout Egypt.^ 

I 

^ Here foUow the aignatares of the Kbediye Abbas HUml and the giz mlntoten. 



FRANCE. 

Since 1789 France has undergone numerous changes in govern- 
ment, and each change has been embodied in constitutional docu- 
ments. It will suffice here to enumerate the several constitutions 
which were in force before the definite establishment of the Third 
Bepublic : 

1. The Constitution of 3 September 1791 established a limited 
monarchy, but disappeared with the fall of the King in the suc- 
ceeding year. 

2. The KepUblican Constitution of 24 June 1793 had not been 
put in force before the fall of the Jacobins who framed it, and was 
disregarded by those who succeeded to their power. 

3. The Constitution of 22 August 1795 vested the executive power 
in five Directors, and the legislative power in a Council of Five 
Hundred and a Council of Ancients. It represents the. conservative 
reaction from the Jacobin principles of 1793. 

4. The usurpations of the Directcwry and the coup d'etat of 9 No- 
vember 1799 put an end to the Constitution of 1795. Under the 
Constitution of 13 December 1799 Napoleon gained as First Consul 
the supreme executive power to which he aspired. * 

5. The senatus-consulta of 2 and 4 August 1802 proclaimed Na- 
pcdeon First Consul for life with extended powers, and on 18 May 
1804 the Consulate was replaced by the Empire. The Constitu- 
tion was altered by several other less important acts between 1804 
and 1814. Intimately connected with the first Imperial Constitution 
is the Additional Act of 22 April 1815, which by its liberal principles 
attempted to outbid the Bourbon Charter of 1814; the Additional 
Act disappeared with the defeat of Napoleon at Waterloo. 

6. Upon the restoration of the Bourbons the Constitutional Charter 
of 4 June 1814^ was issued by Louis XVIII; with this Constitution 
was first established the parliamentary system with ministerial re- 
sponsibility ; the legislature was composed of two houses, one ap- 
pointive, the other elective, but with a very limited electorate. 

7. The Constitution of 14 August 1830' and the organic laws of 
1831 came as a result of the July revolution of 1830. The Consti- 
tution of 1814 remained almost unchanged, except for a limited ex- 
tension of the suffrage and the abolition of hereditary peerages. 

^ Frencli text In the Britiah and Foreign State Papere, 1 : pp. 960-966. 

* French text In the BritUh and Foreign State Paper$, 17 : pp. 1013-1018. 

191 



192 CONSTITUTIONS OF THE STATES AT WAB. 

8. The Republican Constitution of 4 November 1848^ introduced 
universal suffrage, with an unicameral legislature, and an elective 
president chosen for four years and ineligible to succeed himself, 

9. The Constitution of 14 January 1852 ^ extended for 10 years 
the power of Louis Napoleon Bonaparte as President of the Re- 
public; the senatus-consultum of 7 November,^ ratified by the pleb- 
iscite of 21 and 22 November 1852, reestablished the Empire. Be- 
tween 1852 and 1870 the Constitution was altered by numerous 
senatus-ccnsulta, the most important of which was that of 8 Septem- 
ber 1869, establishing ministerial responsibility. 

10. The senatu^-consultiun of 21 May 1870, a codification of con- 
f stitutional changes since 1860, was really a new Imperial Consti- 
tution, and was submitted to a vote of the people as such. 

11. Imperial institutions in France were now destined to be of 
:short duration ; the Empire disappeared on 4 September 1870, when 
news reached Paris of the French disaster at Sedan. The Govern- 
ment of the National Defense, which succeeded the Empire, gave way 
in February, 1871, to a National Assembly which chose Thiers chief 
•of the executive power of the French Republic. 

For two years after 1871 nothing was done by the National As- 
sembly toward the permanent establishment of the Republic. In 
fact the majority of the Assembly were monarchists; the overthrow 
of Thiers and the election of Marshal de MacMahon as President 
were considered the first steps toward the restoration of monarchy, 
but the attitude of the Comte de Chambord wrecked the hopes of his 
supporters. Definite steps toward a constitutional organization were 
not taken until hope of a restoration of the Bourbons had disap- 
peared. 

Even after the failure to reestablish the Monarchy the majority 
of the National Assembly hoped to prevent the permanent establish- 
ment of the Republic. But the provisional organization of the Gov- 
ernment could not continue forever, nor could the Assembly, elected 
to meet the national crisis of 1871, expect much longer to remain in 
power. The constitutional and organic laws were finally enacted in 
1875, and the elections of 1876 proved that the people of France 
were ready to support republican institution^. In addition to these 
laws, some subsequent laws bearing upon constitutional matters have 
been included here.* 



> French text in the British and Foreign State Papers, 86 : pp. 1072-1085. 
* French text in the British and Foreign State Papers, 41 : pp. 1085-1090. 

> French text in the British and Foreign State Papers, 41 : pp. 1005-1098. 

« These Introductory paragraphs are based upon W. F. DodDj Modem Constitutions 
<ChiC8«o, 1900), yol. i^ pp. 283-285. There is also a very good account In F. R. 
Dabbstb vr P. Dasbstd, Les Constitutions modemes (3d edition, Paris, 1910), yol. i, 
pp. 1-0. 



FRANCE. 193 

COHSTITXrnONAl LAW OF 26 FEBRTTAEY 1876.^ 
On the Organization of the Public Powers. 

Article 1. The legislative power shall be exercised by two assem- 
blies : The Chamber of Deputies and the Senate. 

The Chamber of Deputies shall be elected by universal suffrage, 
under the conditions determined by the electoral law.^ 

The composition, the method of election and the attributions of the 
Senate shall be regulated by a special law.® 

Art. 2. The President of the Republic shall be chosen by an abso- 
lute majority of votes of the Senate and Chamber of Deputies united 
in National Assembly. He shall be elected for seven years. He shall 
be eligible for reelection. 

Art. 3. The President of the Eepublic shall have the initiative of 
laws, concurrently with the members of the two houses. He shall 
promulgate the laws when they have been voted by the two houses * ; 
he shall look after and secure their execution. 

He shall have the right of pardon ; amnesty may only be granted 
by law." 

He shall dispose of the armed force. 

He shall appoint to all civil and military positions. 

He shall preside over State functions; envoys and ambassadors of 
foreign powers shall be accredited to him. 

Every act of the President of the Eepublic shall be countersigned 
by a minister. 

Art. 4. As vacancies occur on and after the promulgation of the 
present law, the President of the Republic shall appoint, in the 
Council of Ministers, the councilors of State in regular service. 

The councilors of State thus chosen may be dismissed only by 
decree rendered in the Council of Ministers.* 

^Promulgated In the Journal offloM of 28 February 1875. Translation of this and 
the following laws based npon Dodd, op. dt., pp. 286-288, which in tnm was based 
upon the translation by C. F. A. Cubbxer in the Supplement to the Annals of the 
American Academy of Political and Social Science, March, 189S (Philadelphia, 1803), 
and in Foreign Constitutions [The Convention Manual of the Siath New York State 
Constitutional Convention, 189Ji, part 2, vol. 8] (Albany, 1894), pp. 230-255. French 
texts in Dabbstd, op. oit., pp. 10-37, and Paul Posbnbb^ Die Staatsverfassungen 
des ErdhaXls (Charlottenbnrg, 1909), pp. 564^587. 

' See Laws of 80 November 1875, 16 June 1885, 13 February 1889 and 17 July 1889, 
on pp. 203, 213, 214 and 215, respectively. 

*See Constitutional Law of 24 February 1875 and Laws of 2 August 1875 and 9 
December 1884, on pp. 195, 198 and 210, respectively. 

* See Article 7 of the Constitutional Law of 16 July 1875 on p. 196. 

6 The houses may, without amending the Constitution, decide that pardons granted by 
the President of the Republic shall, under certain conditions, produce all the effects of 
amnesty (Laws of 3 March 1879 and 11 July 1880). 

* The Council of State is now governed by the Laws of 24 May 1872 and 18 July 1879. 
Clause 3 of the above article has been omitted, because it ceased to have application 
after 1881. 



194 CONSTITUTIOISrS OF THB STATES AT WAB. 

Akt. 5. The President of the Republic may, with the advice of the 
Senate, dissolve the Chamber of Deputies before the legal expiration 
of its mandate. 

In that case the electoral colleges shall be assembled for new elec- 
tions within the space of 2 months, and the Chamber within the 10 
days following the close of the elections.^ 

Art. 6. The ministers shall be collectively responsible to the houses 
for the general policy of the government, and individually for 
their personal acts. 

The President of the Republic shall be responsible only in case of 
high treason.* 

Art. 7. In case of vacancy by death or for any other reason, the 
two houses as^mbled together shall proceed at once to the election 
of a new President.* 

In the meantime the Council of Ministers shall be vested with the 
executive power. 

Art. 8. The houses shall have the right by separate resolutions, 
taken in each by an absolute majority of votes, either upon their own 
initiative or upon the request of the President of the Republic, to 
declare a revision of the constitutional laws necessary.* 

After each of the two bourses shall have come to this decision, 
they shall meet together in National Assembly to proceed with the 
revision. 

The acts eflfecting revision of the constitutional laws, in whole or 
in part, shall be passed by an absolute majority of the members com- 
posing the National Assembly.* 

The republican form of government shall not be made the sub- 
ject of a proposed revision.* 

Members of families that have reigned in France are ineligible to 
the Presidency of the Republic* 

Art. 9.^ 

- - - - _ _ _ — — ^ ^ ^ ^ . ^ ^ ^ 

^ As amended by Article 1 of tbe CottBtttutlonal Law of 14 August 1884. 

* See Article 12 of the Constftiitlonftl Lav of 16 July 1875, on p.* 197. 

* See Article S of the Constltntiooftl Law of 16 July 1875, on p. 196. 

« Article 8 has been pat Into practice twice, in 1879 and in 1884. Bee the Introdnctorj 
paragraplis preceding this law. 

* The clause following this, concerning the presidency of Marshal de MacMahon, is now 
without object 

* Added by Article 2 of the Constitutional Law of 14 August 1884. 

T Repealed by, the Constitutional Law of 21 June 1879. Article 9 originally read : 
" The seat of the executive power and of the two honseii shall be at Versailles." See 
Law of 22 July 1879, on p. 208. 



FRANCE. 195 

CONSTITUTIOITAI LAW OE 24 FEBRUAKT 1875.' 

On the Organization op the Senate. 

Articles 1-7.^ 

Art. 8. The Senate shall have, concurrently with the Chamber of 
Deputies, the power to initiate and to pass laws. Money bills, how- 
ever, shall first be introduced in and passed by the Chamber of 
Deputies.^ 

Art. 9. The Senate may be constituted a court of justice to try 
either the President of the Republic or the ministers, and to take 
cognizance of attacks made upon the safety of the State.* 

Art. 10. Elections to the Senate shall take place one month before 
the time fixed by the National Assembly for its own dissolution. 
The Senate shall organize and enter upon its duties the same day 
that the National Assembly is dissolved. 

Art. 11. The present law shall be promulgated only after the 
passage of the law on the public powers. 

CONSTITUTIONAL LAW OF 16 JTTLT 1875.» 
On the Relations of the Public Powers. 

ARTiciiE 1. The Senate and the Chamber of Deputies shall ass^nble 
each year on the second Tuesday of January, unless convened earlier 
by the President of the Republic. 

The two houses shall continue in session at least five months 
each year. The sessions of the two houses shall begin and end at 
the same time.* 

Art. 2. The President of the Republic pronounces the closjig of 
the session. He may convene the houses in extraordinary session. 

He shall convene them if, during the recess, an absolute majority of 
the members of each house request it. 

The President may adjourn the houses. The adjournment, how- 
ever, shall not exceed one month, nor take place more than twice 
in the same session. 



^ Promulgated In the Joumai offMel of 28 February 1876. See above, p. 193, note 1. 

' These seven articles, concernlni; the composition of the Senate and of the electoral 
liody which names the senators, were deprived of their constitntional character by Article 
3 of the Law of 14 August 1884 and were repealed by Article 9 of the Law of 9 Decem- 
ber 1884. See below, pp. 198 and 218, respectively. 

'This text is an almost literal reproduction of Article 15 of the Charter of 1830. 
which in turn was borrowed from the Charter of 1814 (Articles 17 and 47). The 
Senate and the Chamber since 1876 have frequently been in disagreement upon the 
interpretation to be given to Article 8, the former maintaining that no exception for 
money bills is made to the general principle of the equality of the two houses In the 
passage of laws, the latter' claiming exclusive control of budgetary rights. 

« See below, p. 197, note 1. 

* Promulgated in the Journal of/Mel of 18 July 1876. See above, p. 193, note 1. 

*The third paragraph of this article, repealed by Article 4 of the Law of 14 August 
1884. prescribed public prayers on the Sunday following the convening of the houses. 



196 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 3. One month at least before the legal expiration of the 
powers of the President of the Republic, the houses shall be called 
together in National Assembly to proceed to the election of a new 
President. 

In default of a summons, this meeting shall take place, as of 
right, the fifteenth day before the expiration of these powers. 

In case of the death or resignation of the President of the Repub- 
lic, the two houses shall assemble immediately, as of right.^ 

In case the Chamber of Deputies, in consequence of Article 5 of 
the Law of 25 February 1875, is dissolved at the time when the 
Presidency of the Republic becomes vacant, the electoral colleges 
shall be convened at once, and the Senate shall assemble as of rights 

Art. 4. Every meeting of either of the two houses which shall 
be held at a time when the other is not in session is ipso facto illegal 
and void,^ except in the case provided for in the preceding article, and 
in case the Senate meets ns a court of justice; in the latter case, 
judicial duties alone shall be performed. 

Art. 5. The sittings of the Senate and of the Chamber of Deputies 
shall be public. 

Nevertheless either house may meet in secret session, upon the 
request of a fixed number of its members, determined by the rules.* 

It shall then decide by absolute majority whether the sitting shall 
be resumed in public upon the same subject. 

Art. 6. The President of the Republic communicates with the 
houses by me3sages, which shall be read from the tribune by a 
minister. 

The ministers shall have entrance to both houses, and shall be 
heard when they request it. They may be assisted, for the discussion 
of a specific bill, by conmiissioners named by decree of the President 
of the Republic. 

Art. 7. The President of the Republic shall promulgate the laws 
within the month following the transmission to the government of 
the law finally passed. He shall promulgate, within three days, 
laws the promulgation of which shall have been declared urgent by 
an express vote of each house.* 

Within the time fixed for promulgation the President of the Re- 
public may, by a message with reasons assigned, request of the two 
houses a new discussion, which can not be refused. 

Art. 8. The President of the Republic shall negotiate and ratify 
treaties. He shall give information regarding them to the houses 

as soon as the interests and safety of the State permit. 

^^—^^•^^•^-^^—^ ■ —^—^ —'^•^ — ^^— ^.— » 

^ See Article 7 of the Constitutional Law of 25 Febrnaty 1875, on p. 104. 

* See above, Paragraph 2 of Article 1. 

*The number of members required for roch action la 6 for the Senate and 20 for 
the Chamber. 

* A decree of 6 April 1876 goTerns the formula of promulgation of laws. 




FRANCE. 197 

Treaties of peace and of commerce, treaties which involve the 
finances of the State, tho^e relating to the status of the persons and 
to the right of property of French citizens in foreign countries, 
shall be ratified only after having been voted by the two houses. 
No cession, exchange, or annexation of territory shall take place 
except by virtue of a law. 

Art. 9. The President of the Eepublic shall not declare war with- 
out the previous consent of the two houses. 

Art. 10. Each house shall be the judge of the eligibility of its 
members and of the regularity of their election ; it alone may receive 
their resignation. 

Art. 11. The bureau^ of each house shall be elected each year 
for the entire session, and for every extraordinary session which may 
be held before the regular session of the following year. 

When the two houses meet together as a National Assembly, 
their bureau shall be composed of the president, vice-presidents and 
secretaries of the Senate. 

Art. 12. The President of the Republic may be impeached only by 
the Chamber of Deputies and may be tried only by the Senate. 

The ministers may be impeached by the Chamber of Deputies for 
offenses committed in the performance of their duties. In this case 
they shall be tried by the Senate. 

The Senate may be constituted into a court of justice, by a decree 
of the President of the Republic issued in the Council of Ministers, 
to try all persons accused of attempts upon the safety of the State. 

If proceedings should have been begun in the regular courts, the 
decree convening the Senate may be issued at any time before the 
granting of a discharge. 

A law shall determine the method of procedure for the accusation, 
trial and judgment.^ 

Art. 13. No member of either house shall be prosecuted or held 
responsible on account of any opinions expressed or votes cast by 
him in the performance of his duties." 

Art. 14. No member of either house shall, during the session, 
be prosecuted or arrested for any offense or misdemeanor, unless 
upon the authority of the house of which he is a member, except 
in the case of flagrante delicto. 

The detention or prosecution of a member of either house shall 
be suspended for the session, and for the entire term of the house, 
if the chamber requires it. 

^ The bureau of the Senate consists of a president, 4 vice-presidents, 8 secretaries and 
8 questors ; the bureau of the Chambers of Deputies has the same composition. 

> Law of 10 April 188B. 

> Article 41 of the Law of 29 July 1881 on the press develops and completes this 
provision. 



198 CONSTITUTIONS OF THE STATES AT WAR. 

LAW OF 21 J1TNE 1879.' 

Revising Article 9 of the Constitutional Law of 25 February 

1875. 

Sole Article. Article 9 of the Constitutional Law of 25 February 
1875 is repealed.^ 

LAW OF 14 AUOTTST 1884.» 

Partially Revising the Constitutional Laws.* 

Article 1. Paragraph 2 of Article 5 of the Constitutional Law of 
25 February 1875, on the organization of the public powers, is 
amended as follows: 

In that case the electoral colleges shaU meet for new elections within 2 
months and the Chamber within the 10 days following the close of the 
elections. 

Art. 2. To Paragraph 3 of Article 8 of the same law of 25 Feb- 
ruary 1785 is added the following: 

The republican form of government shall not be made the subject of a 
proposed revision. 

Members of families that have reigned in France are ineligible to the 
Presidency of the Republic. 

Art. 3. Articles 1 to 7 of the Constitutional Law of 24 February 
1875, on the organization of the Senate, shall no longer have a con- 
stitutional character.*^ 

Art. 4. Paragi'aph 3 of Article 1 of the Constitutional Law of 16 
July 1875, on the relation of the public powers, is repealed. 

ORGANIC LAW OF 2 AXTOUST 1875.' 
On the Election of Senators. 

Akticle 1. A decree of the President of the Republic, issued at 
least six weeks in advance, shall fix the day for the elections to the 
Senate, and at the same time that for the choice of delegates of the 
municipal councils. There shall be an interval of at least one month 
between the choice of delegates and the election of senators. 

Art. 2. In each municipal council the election of delegates shall 
take place without debate and by secret ballot, by scrutin de lists 
. and by an absolute majority of votes cast. 

^ Promulgated in the Journal ofJUdel of 22 June 1879. 

■This article fixed the seat of government at VeraaiUes (see above, p. 194). The seat 
of government was removed from Versailles to Paris by a Law of 22 July 1879 (see 
below, p. 208). 

• Promulgated In the Joumul officiel of 15 August 1884. 

I ^The amendments to the constituUonal laws have also been inserted In their proper 

places. 

■These articles were repealed by way of ordinary legislation on 9 December 1884 (see 
below, p. 213). 

* Promulgated in the Journal offloiel of 13 August 1875. 



vsAircB. 190 

After two ballots a plurality shall be sufficieot, and in case of an 
equality of votes the oldest i^ elected. 

The procedure and method shall be the same for the election of 
alternates. 

Councils having 1, 2 or 3 delegates to choose shall elect 1 alternate. 

Those choosing 6 or 9 delegates shall elect 2 alternates. 

Those choosing V2 or 15 delegates shall elect 3 alternates. 

Those choosing 18 or 21 delegates shall ^ct 4 alternates. 

Those choosing 24 delegates shall elect 5 alternates. 

The municipal council of Paris ^all elect 8 alternates. 

The alternates ^hall take the place of delegates in case of refusal or 
inability to serve, in the order determined by the number of votes 
received by each of them. 

The choice of the municipal councils shall not extend to a deputy, 
a general councilor or an arrondissement councilor. 

All communal electors, including the municipal councilors, shall 
be eligible without distinction.^ 

Art. 3. In communes where the duties of the municipal council are 
performed by a special delegation organized by virtue of Article 44 
of the Law of 5 April 1884^ the senatorial delegates and alternates 
shall be chosen by the former council.* 

Art. 4. If the delegates were not present at the election, notice 
shall be given them by the mayor within 24 hours. They shall, 
within 5 days, notify the prefect of their acceptance. In case of 
refusal or silence, they shall.be replaced by the alternates, who shall 
then be placed upon the list as the delegates of the commune.* 

Art. 5. The official report of the election of delegates and alter- 
nate3 shall be transmitted at once to the prefect; it shall state 
the acceptance or refusal of the delegates and alternates, as well as 
the protests raised, by one or more members of the mimicipal 
* council, against the legality of the election. A copy of this official 
report shall be posted on the door of the town hall.* 

Art. 6. A statement of the results of the election of delegates and 
alternates shall be drawn up within a week by the prefect; this 
statement shall be given to all requesting it, and may be copied and 
published. 

Every elector may, at the bureau of the prefecture, obtain in- 
formation and a copy of the list, by communes, of the municipal 
councilor^ of the department, and, at the bureaus of the subpre- 
fectures, information and a copy of the list, by communes, of the 
municipal councilors of the arrondissement. 

^As amended by Article 8 of the Law of December 1884 (see below, p. 212). The 
original text provided that each municipal conncil elect one delegate and one alternate. 

*As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). The 
amendments of Articles 4 and 5 merely substitute " delegates " and *' alternates " for 
"delegate" and "alternate." 



200 CONSTITUTIONS OF THB STATES AT WAB. 

Art. 7. Every communal elector may, within the next three days, 
address directly to the prefect a protest against the regularity of the 
election. 

If the prefect deems the proceedings irregular, he may request that 
they be set aside. 

Art. 8. Prote3ts concerning the election of delegates or of alter- 
nates shall be decided, subject to an appeal to the Council of State, 
by the council of the prefecture, and, in the colonies, by the privy 
council. 

Delegates whose election is annulled because they do not fulfill 
some one of the conditions demanded by law, or on account of infor- 
mality, shall be replaced by the alternates. 

In case the election of a delegate and of an alternate is annulled, 
or in the case of the refusal or death of both of them after their ac- 
ceptance, new elections shall be held by the municipal council on a 
.day fixed by an order of the prefect.^ 

Art. 9. One week, at the latest, before the election of senators, the 
prefect, and, in the colonies, the director of the interior, shall arrange 
the list of the electors of the department in alphabetical order. The 
list shall be communicated to all who request it, and may be copied and 
published. No elector shall have more than one vote. 

Art. 10. The deputies, the members of the general council, or of 
the arrondissement councils, whose elections have been announced bv 
ihe returning committees, but whose powers have not been verified, 
shall be enrolled upon the list of electors and shall take part in the 
voting. 

Art. 11. In each of the three departments of Algeria the electoral 
college shall be composed: 

1. Of the deputies. 

2. Of the members of the general councils, of French citizenship. 

3. Of delegates elected by the French members of each municipal, 
council from among the communal electors of French citizenship. 

Art. 12. The electoral college shall be presided over by the presi- 
dent of the civil tribunal of the seat of government of the department 
or colony. In the Department of Ardennes it shall be presided over 
by the president of the tribunal of Charleville.^ 

The president shall be assisted by the two oldest and the two 
youngest electors present at the opening of the meeting. The bureau 
thus constituted shall choose a secretary from among the electors. 

If the president is prevented from presiding, his place shall be 
taken by the vice-president [of the civil tribunal], and, in his absence, 
by the oldest judge. 

1 As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). The 
amendment to this article merely substitutes " delegates '* and " alternates '* for *' dele- 
gate " and " alternate." 

* This sentence was added by the Law of 1 February 1898. 



FBAlSrCB. 201 

Art. 13. The bureau shall divide the electors in alphabetical order 
into sections of at least 100 voters each. It shall appoint the presi- 
dent and inspectors of each of these sections. It shall decide all 
questions and contests which may arise in the course of the election,, 
without power, however, to depart from the decisions rendered, by- 
virtue of Article 8 of the pre3ent law. 

Art. 14. The first ballot shall begin at 8 o'clock in the morning and 
close at noon. The second shall begin at 2 o'clock and close at 5 
o'clock. The third shall begin at 7 o'clock and close at 10 o'clock. 
The results of the ballotings .shall be canvassed by the bureau and 
announced immediately by the president of the electoral college.^ 

Art. 15. No one shall be elected senator on either of the first two 
ballots unless he receives (1) an absolute majority of the votes cast, 
and (2) a number of votes equal to one-fourth of the total number- 
of electors registered. On the third ballot a plurality shall be suffi- 
cient, and, in case of an equality of votes, the oldest is elected. 

Art. 16. Political meetings for the nomination of senators may be 
held from the date of the promulgation of the decree summoning the 
electors up to the day of the election, inclusive. 

The declaration prescribed by Article 2 of the Law of 30 June 
1881 ^ shall be made by two voters at least 

The forms and regulations of this article, as well as those of 
Article 3, shall be observed. 

The members of Parliament elected or electors in the department,, 
the senatorial electors, delegates and alternates, and the candidates or 
their representatives may alone be present at these meetings. 

The municipal authorities shall see to it that no other person is 
admitted. 

Delegates and alternates shall present as a means of identification 
a certificate from the mayor of the commune; candidates or their 
representatives, a certificate from the official who shall have received 
the declaration mentioned in Paragraph 2.' 

Art. 17. Delegates who take part in all the ballotings shall, if 
they demand it, receive from the State, upon the presentation of their 
letter of sunmions, countersigned by the president of the electoral 
college, a remuneration for traveling expenses, which shall be paid 
to them upon the same basis and in the same manner as that given to 
jurors by Articles 35, 90 and following of the decree of 18 June 1811. 

A public administrative regulation shall determine the manner of 
fixing the amount and the method of payment of this remunera- 
tion.* 

^ As amended by Article 8 of the Law of 9 December 1884 (see below, p. 212). 

* Law on the freedom of assembly. The Law of 28 March 1907 concerning public 
gatherings suppressed the formality of a previous declaration. 

* As amended by Article 8 of the Law of 9 December 1884 (see below, p. 213). 

* Decree of 26 December 1875. 

88381—19 14 



202 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 18. Every delegate who, without lawful reason, shall not take 
part in all the ballotings, or, having been hindered, shall not have 
given notice to the alternate in sufficient time, shall, upon the demand 
of the public prosecutor, be fined 50 francs by the civil tribunal of 
the seat of government. 

The same penalty may be imposed upon the alternate who, after 
having been notified by letter, telegram, or notice personally delivered 
in due time, shall not have taken part in the election. 

Art. 19. Every attempt at corruption or constraint by the employ- 
ment of means enumerated in Articles 177 and following of the Penal 
Code, to influence the vote of an elector or to keep him from voting, 
shall be punished by imprisonment of from three months to two years 
and by a fine of from 50 to 500 francs, or by either of these pepalties. 

Article 463 of the Penal Code is applicable to the penalties pro- 
vided by the present article.^ 

Art. 20. There is incompatibility between the f unction^ of senator 
and those: 

Of councilor of State and maitre des requetes, prefect and sub- 
prefect, except the prefect of the Seine and the prefect of police. 

Of member of the courts of appeal ^ and of tribunals of first in- 
stance, except the public prosecutor before the court of Paris. 

Of paymaster general, of special receiver, of official and employee 
of the central administration of the ministries.^ 

Art. 21. No one of the following officers shall be elected by the 
department or the colony included wholly or partially in his juris- 
diction during the exercise of his duties or during the six months 
following the cessation of his duties by resignation, dismissal, 
change of residence or other cause: 

1. The first presidents, presidents and members of the courts of 
appeal. 

2. The presidents, vice-presidents, examining magitrate3 and 
members of the tribunals of first instance. 

3. The prefect of police, prefects and subpref ects and secretaries 
general of prefectures; the governors, directors of the interior and 
secretaries general of the colonies. 

4. The engineers in chief and of the arrondissement and road 
surveyors in chief and of the arrondissment. 

5. The rectors and inspectors of academies. 

^ As amended by Article 8 of tbe Law of December 1884 (see p. 213). 

* France Is divided Into 26 Judicial districts, in each of which there is a court of 
appeal. There are similar courts in Algeria and the colonies. The Court of Cassation is 
the supreme court of appeal for all France, Algeria and the colonies. 

"This article was implicitly repealed by the Law of 26 December 1887 (see below, 
p. 214). By Article 3 of the Law of 16 November 1897, the governor and undergovemor 
of the Bank of France are ineligible as doDutles or senators. 



i 



FRANCE. 203 

6. The inspectors of primary schools. 

7. The archbishops, bishops and vicars general.^ 

8. The officers of all grades of the land and naval forces. 

9. The division commissaries and the military deputy commis- 
saries. 

10. The paymasters general and special receivers of money. 

11. The superintendents of direct and indirect taxes, of regis- 
tration and of public property, and of posts. 

12. The commissioner^ and inspectors of forests. 

Art. 22. A senator elected in several departments shall make 
known his choice to the president of the Senate within 10 days fol-' 
lowing the verification of the elections. If a choice is not made in 
this time, the question shall be settled by lot in open session. 

The vacancy shall be^ filled within one month and by the same elec- 
toral body. 

The same holds true in case of an invalidated election. 

Art. 23. Vacancies caused by the death or resignation of senators 
shall be filled within three months; however, if the vacancy occurs 
within 3ix months preceding the triennial elections, it shall not be 
filled until those elections.^ 

Arts. 2^25.' 

Art. 26. Members of the Senate shall receive the same salaries as 
members of the Chamber of Deputies.* 

Art. 27. All provisions of the electoral law relating to the follow- 
ing matters are applicable to elections of senators : 

1. To cases of unworthiness and incapacity. 

2. To offenses, prosecutions and penalties. 

3. To election proceedings, in all matters not contrary to the 
provisions of the present law. 

Arts. 28-29.*^ 

ORGANIC LAW OF 30 NOVEMBER 1875.' 

On the Election of Deputies. 

Article 1. The deputies shall be chosen by the voters registered : 
1. Upon the lists drawn up in accordance with the Law of 7 
July 1874. 

> Tbis clause was Implicitly repealed by Article 2 of the Law of 9 December 1905 
on the separation of Church and State. 

' As amended by Article 8 of the Law of 9 December 1884 (see below, p. 213). 

* Articles 24 and 25 were repealed by Article of the Law of 9 December 1884. 

* See Article 17 of the Organic Law of 30 November 1875, p. 207 below. 
" Articles 28 and 29 of this law contained transitory provisions. 

* Promulgated in the Journal offlciel of 81 November 1875. This law has been 
amended or supplemented by the Laws of 16 June 1885, 13 February 1889 and 17 July 
1889 (see below, pp. 213, 214 and 215, respectively). 



204 CONSTITUTIONS OF THE STATES AT WAR. 

2. Upon the supplementary list including those who have lived 
in the commune six months.^ 

Eegistration upon the supplementary list shall take place conform- 
ably to the laws and regulation3 now governing the political electoral 
lists, by the committees and according to the forms established by 
Articles 1, 2 and 3 of the Law of 7 July 1874. 

Appeals relating to the formation and revision of either list shall 
be brought directly before the Civil Chamber of the Court of Cassa- 
tion.2 

Art. 2. The soldiers of all ranks and grades, of both land and naval 
forces, shall not take part in any vote when they are with their 
regiment, at their post, or on duty. Those who, on election day, are in 
private residence, on the non-active list or in possession of a regular 
leave of absence, may vote in the commune on the lists of which they 
are duly registered. This last provision shall apply equally to officers 
on the unattached list or on the reserve list.* 

Art. 3. During the electoral period, circulars and platforms signed 
by the candidates, electoral placards and manifestoes signed by one 
or more voters, may, after being deposited with the public prose- 
cutor, be posted and distributed without previous authorization. 

The distribution of ballots shall not be subject to the formality 
of deposit.* 

Every public or municipal officer is forbidden to distribute ballots, 
platforms or circulars of candidates. 

The provisions of Article 19 of the Organic Law of 2 August 
1875 •* on the election of senators shall apply to the election of 
deputies. 

Art. 4. The balloting shall last one day only. The voting shall 
occur in the chief town of the commune ; each commune may never- 
theless be divided, by order of the prefect, into as many sections 
as local circumstances and the number of voters may require. The 
second ballot shall take place on the second Sunday following the 
announcement of the first ballot, in accordance with the provisions 
of Article 65 of the Law of 15 March 1849. 

Art. 5. The voting shall take place in accordance with the pro- 
visions of the organic and regulating decrees of 2 February 1852. 

The ballot shall be secret. 



> There Is now only a single list, common to the political and municipal elections, 
since municipal electors are subject to only six months residence (Article 14 of the 
Law of 6 April 1884). 

•Here follows a transitory provision, concerning the electoral U^ts of 1875, omitted 
here. 

> See Article 9 of the Law of 21 March lOOQ. 

*The Law of 20 December 1878 dispensed with the formality of deposit of ballots 
In all elections. The printer was dispensed from the deposit of these baUots by the 
Law of 27 July 1881. 

* See above, p. 202. 



FRANCE. 205 

The voting lists used at the elections in each section, signed by the 
president and secretary, shall remain deposited for one week at the 
secretary's oflSce at the town hall, where they shall be communicated 
to every voter requesting them. 

Art. 6. Every voter shall be eligible, without any property quali- 
fication, at the age of 25 years.^ 

Art. 7. No soldier or sailor in active service on land or sea may, 
whatever his rank or position, be elected a member of the Chamber of 
Deputies. 

This provision applies to soldiers and sailors on the unattached 
list or the inactive list, but does not extend to officers of the second 
section of the list of the general staff, nor to those who, kept in the 
first section for having been commander-in-chief in the field, have 
ceased to be actively employed, nor to officers who, having gained the 
right to retire, are sent to or kept at their homes while awaiting the 
settlement of their pension. 

The decision by which the officer shall have been permitted to 
establish his rights on the retired list shall become, in this case, 
irrevocable. 

The rule laid down in the first paragraph of the present article 
shall not apply to the reserve of the active army or to the territorial 
army. 

Art. 8. The exercise of public duties paid for out of the treasury of 
the State is incompatible with the office of deputy.^ 

Consequently every official elected shall be superseded in his duties 
if, within one week following the verification of his powers, he has 
not signified that he does not accept the office of deputy. 

There are excepted from the preceding provisions the duties of 
minister, undersecretary of State, ambassador, minister plenipoten- 
tiary, prefect of the Seine, prefect of police, first president of the 
Court of Cassation, first president of the Court of Accounts, first 
president of the Court of Appeal of Paris, attorney general of the 
Court of Cassation, attorney general of the Court of Accounts, at- 
torney general of the Court of Appeal of Paris, archbishop and 
bishop, consistorial presiding pastor in consistorial districts the 
seat of government of which has two or more pastors, chief rabbi 
of the central consistory, chief rabbi of the consistory of Paris.'* 

1 Exceptions to eligibility are to be found in the Laws of 16 June 1885, 22 June 1886, 
17 July 1889 (see below, p. 215). 20 July 1895 and 21 March 1905. 

*To these muet be added the duties of administrator of concesBlonary companies of 
maritime postal service (Law of 28 June 1888. Article 10), administrators of railways 
(Law of 20 November 1883, Article 5) and governor and undergovemor of the Bank of 
Prance (Law of 17 November 1897, Article 3). 

'These religious officials were made Ineligible for 8 years by Article 40 of the Law 
of 9 December 1905 on the separation of Church and State. 



206 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 9. There are also excepted from the provisions of Article 8 : 

1. Titular professors of chairs which are filled by competition or 
upon the nomination of the bodies where the vacancy occurs. 

2. Persons who have been charged with a temporary mission. 
All missions continuing more than six months cease to be temporary 
and are governed by Article 8 above.^ 

Art. 10. The officer preserves the rights which he has acquired to 
a retiring pension, and may, after the expiration of his mandate, 
be restored to active service. 

The civil officer who, having had 20 years of service at the date of 
the acceptance of the mandate of deputy, shall be 50 years of age at 
the time of the expiration of his mandate, may establish his rights 
to an exceptional retiring pension. 

This pension shall be regulated according to the third paragraph 
of Article 12 of the Law of 9 June 1853.^ 

If the officer is restored to active service after the expiration of his 
mandate, the provisions of Article 3, Paragraph 2, and Article 28 
of the Law of 9 June 1853 shall apply to him. 

In duties where the rank is distinct from the employment, the 
officer, by the acceptance of the mandate of deputy, loses the employ- 
ment and preserves the rank only. 

Art. 11. Every deputy appointed or promoted to a salaried pub- 
lic position shall cease to belong to the Chamber by the very fact of 
his acceptance; but he may be reelected, if the office which he occu- 
pies is compatible with the mandate of deputy. 

Deputies who become ministers or undersecretaries of State shall 
not be required to seek reelection. 

Art. 12. The following officers shall not be elected by the arron- 
dissement or the colony included wholly or partially in their juris- 
diction, during the exercise of their duties or for six months follow- 
ing the cessation of their duties, because of resignation, dismissal, 
change of residence or any other cause : 

1. The first presidents, presidents and members of the courts of 
appeal. 

2. The pi'esidents, vice-presidents, titular judges, examining 
magistrates and memberg of the tribunals of first instance, as well as 
titular justices of the peace.^ 

^^^^^^-^^ ■! I ■ I ^^^^»^^^— ^ ■» 11 ■ ■»■ I ■ ■■■■»ii..« Bill ■!■■■■ iM—i H ill ^^^^mma^mi^mmm i »■■ ^m^^^^^^,^ 

1 See Law of 26 December 1887. 

* The Law of 29 March 1897 added that, for officials subject (as concerns the pension) 
to the Law of 22 August 1790, this pension shaU be regulated at the rate of one 
thirtieth (per year of service) of the pension which would have been settled upon 
them for 30 years of service. The same law also makes these provisions applicable 
to the case provided for by the second paragraph of the sole article of the Law of 
20 December 1887. 

' The Law of 30 March 1902 added the phrase " as well as titular Justices of the 
peace." 



FRANCE. 207 

3. The prefect of police, the prefects and secretaries general of 
prefectures; the governors, directors of the interior and secre- 
taries general of the colonies. 

4. The engineers in chief and of the arrondissement and road 
surveyors in chief and of the arrondissement. 

5. The rectors and inspectors of academies. 

6. The inspectors of primary schools. 

7. The archbishops, bishops and vicars general.^ 

8. The paymasters general and special receivers of money. 

9. The superintendents of direct and indirect taxes, of registra- 
tion and of public property, and of posts. 

10. The commissioner3 and inspectors of forests. 

The subprefects and councilors of the prefecture* shall not be 
elected in any of the arrondissements of the department in which they 
perform their duties. 

Art. 13. Every attempt to bind deputies by instructions is null and 
void. 

Art. 14.^ 

Art. 15. Deputies shall be chosen for four years. 

The Chamber shall be renewed integrally. 

Art. 16. In case of vacancy by death, resignation or otherwise, a 
new election shall be held within three months of the date when the 
vacancy occurred.* 

In case of option,*^ the vacancy shall be filled within one month. 

Art. 17. Deputies shall receive an indemnity. 

The legislative indemnity is fixed at fifteen thousand (15,000) 
francs® per year, beginning with 1 January 1907. It is regulated 
by the second paragraph of Article 96 and by Article 97 of the Law 
of 15 March 1849, as well as by the provisions of the Law of 16 
February 1872. 

Art. 18. No one shall be elected on the first ballot unless he receives : 

1. An absolute majority of the votes cast. 

2. A number of votes equal to one- fourth of the number of voters 
registered. 

^ Implicitly repealed by Article 40 of the Law of 9 December 1905 on the separation 
of Church and State. 

* The Law of 30 March 1902 added the phrase " and councilors of the prefecture." 

* This article was repealed by the Law of 16 June 1885 (see below, p. 213), which 
established the ballot by ticket (scrutin de Hste) in place of the separate ballot (acruUn 
individuel) or system of single districts, but was reenacted almost word for word by the 
Law of 13 February 1889. Article 2 (see below, p. 214). 

« See Article 7 of the Law of 16 June 1885, p. 214 below. 

* I. e., when a deputy has been elected from two or more districts, and decides which 
one he will serve. 

* As amended by the Law of 23 November 1906 ; before the passage of this law deputies 
and senators received 9,000 francs per year. The Law of 16 February 1872 prohibits 
the adding of the indemnity to State salaries (plurality of offices). Article 96 of the 
Law of 15 March 1849 treats of the same subject. Article 97 permits the seizure of 
the entire indemnity. 



208 CONSTITUTIONS OF THE STATES AT WAR. 

On the second ballot a plurality is sufficient. In case of an equality 
of votes, the oldest is elected.^ 

Art. 19.2 

Art. 20. The voters living in Algeria in a place not yet made a 
commune shall be registered on the electoral list of the nearest 
commune. 

When it is necessary to establish electoral districts, either for the 
purpose of grouping mixed communes in each of which the number 
of voters is insufficient, or to bring together voters living in places 
not formed into communes, the decrees for fixing the seat of these 
districts shall be issued by the governor general, upon the report of 
the prefect or of the general commanding the division. 

Art. 21.8 

Art. 22. Every violation of the prohibitive provisions of Article 
3, Paragraph 3, of the present law shall be punished by a fine of from 
16 francs to 300 francs. Nevertheless the criminal courts may apply 
Article 463 of the Penal Code. 

The provisions of Article 6 of the Law of 7 July 1874 shall apply 
to the political electoral lists.* 

The Decree of 29 January 1871 and the Laws of 10 April 1871, 
2 May 1871 and 18 February 1873 are repealed. 

Paragraph 11 of Article 15 of the Organic Decree of 2 February 
1852 is also repealed, in so far as it refers to the Law of 21 May 1836 
on lotteries, reserving, however, to the courts the right to apply 
Article 42 of the Penal Code to convicted persons. 

The provisions of the laws and decrees now in force, not in conflict 
with the present law, shall continue to be applied. 

Art. 23. The provision of Article 12 of the present law by which 
an interval of six months must elapse between the cessation of duties 
and election shall not apply to officials other than prefects and 
subpref ects, whose duties shall have ceased either before the promul- 
gation of the present law or within 20 days thereafter. 

LAW OF 22 JITLY 1879.° 

On the Seat of the Executive Power and of the Two Houses 

AT Paris. 

Article 1. The seat of the executive power and of the two houses 

shall be at Paris. 

.> — ■ — ■ ■■ . ... — — — » " - I .. I ■ I ■ 

^ This article should be considered as ImpUdtly repealed by Article 5 of the Law of 
16 June 1885 which repeats the terms of this article almost word for word. 

*Thls article, concerning the representation of Algeria, was implicitly repealed b£ 
Article 8 of the Law of 18 February 1889 (see below, p. 214). 

*This article, concerning the representation of the colonies, was implicitly repealed 
by Article 8 of the Law of 18 February 1889 (see below, p. 214). 

*The Law of 7 July 1874 concerns the municipal electorate. Article 6 of that lair 
punishes fraudulent registrations on the electoral lists. 

■ Promulgated in the Journal olfMel of 28 July 1879. 






FRANCE. 209 

Art. 2. The Palace of the Luxemburg and the Palais-Bourbon are 
assigned, the first to the use of the Senate and the second to that of 
the Chamber of Deputies. 

Nevertheless each of the houses is authorized to choose, in the 
city of Paris, the palace which it wishes to occupy. 

Art. 3. The various parts of the palace of Versailles now occupied 
by the Senate and the Chamber of Deputies shall preserve their 
arrangements. 

Whenever, according to Articles 7 and 8 of the Law of 25 February 
1875 on the organization of the public powers, a meeting of the 
National Asisembly takes place, it shall sit at Versailles, in the pres- 
ent hall of the Chamber of Deputies. 

Whenever, according to Article 9 of the Law of 24 February 1875 
on the organization of the Senate, and Article 12 of the Constitutional 
Law of 16 July 1875 on the relations of the public powers, the 
Senate shall be called upon to constitute itself a court of justice, it 
shall indicate the town and place where it proposes to sit. 

Art. 4. The Senate and Chamber of Deputies shall sit at Paris on 
and after 3 November next. 

Art. 5. The presidents of the Senate and of the Chamber of 
Deputies are charged with the duty of securing the internal and 
external safety of the houses over which they preside. 

For this purpose they shall have the right to call upon the armed 
forces and upon all the authorities whose assistance they consider 
necessary. 

Such requisitions may be addressed directly to all officers, com- 
manders or officials, who are bound to obey inmiediately, imder the 
penalties established by the laws. 

The presidents of the Senate and of the Chamber of Deputies 
may delegate to the questors or to one of them their right of demand- 
ing aid. 

Art. 6. Every petition to either of the houses shall be made and 
pre^nted only in writing. It is forbidden to present them in person 
or at the bar. 

Art. 7. Every violation of the preceding article, every provocation, 
by public speeches, by writings or printed matter, posted or dis- 
tributed, to a crowd upon the public ways, having for its object 
the discussion, drawing up or carrying to the houses or to one of 
them, of petitions, declarations or addresses, shall be punished by 
the penalties enumerated in Paragraph 1 of Article 5 of the Law of 
7 Jime 1848, whether or not any results follow from such actions. 

Art. 8. The preceding provisions do not diminish the force of the 
Law of 7 June 1848 on riotous assemblies. 

Art. 9. Article 463 of the Penal Code is applicable to the offenses 
mentioned in the present law. 



210 CONSTITUTIONS OF THE STATES AT WAR. 

LAW OF 9 DEGEHBEE 1884.' 

Amending the Organic Laws on the Organization of the Senate 

AND THE Election of Senators. 

Article 1. The Senate shall be composed of 300 members, elected 
by the departments and the colonie3. 

The present members, without any distinction between senators 
elected by the National Assembly or by the Senate and those elected 
by the departments and colonies, shall retain their offices during 
the time for which they have been chosen. 

Art. 2. The Department of the Seine shall elect 10 senators. 

The Department of the Nord shall elect 8 senators. 

The departments of C6tes-du-Nord, Finistere, Gironde, lUe-et- 
Vilaine, Loire, Loire-Inferieure, Pas-de-Calais, Rhone, Saone-et- 
Loire and Seine-Inf erieure shall elect 5 senators each. 

Aisne, Bouches-de-Rhone, Charente-Inferieure, Dordogne, Haute- 
Garonne, Isere, Maine-et-Loire, Manche, Morbihan, Puy-de-D6me, 
Seine-et-Oise and Somme shall elect 4 senators each. 

Ain, AUier, Ardfeche, Ardennes, Aube, Aude, Aveyron, Calvados, 
Charente, Cher, Corrfeze, Corge, Cote-d'Or, Creuse, Doubs, Drome, 
Eure, Eure-et-Loir, Gard, Gers, H^rault, Indre, Indre-et-Loire, Jura, 
Landes, Loir-et-Cher, Haute-Loire, Loiret, Lot, Lot-et-Garoime, 
Marne, Haute-Marne, Mayenne, Meurthe-et-Moselle, Meuse, Ni&vre, 
Oise, Orne, Basses-Pyrenees, Haute-Saone, Sarthe, Savoie, Haute- 
Savoie, Seine-et-Mame, Deux-S&vres, Tarn, Var, Vendue, Vienne, 
Haute- Vienne, Vosges and Yonne shall elect 3 senators each. 

Bas3es-Alpes, Hautes-Alpes, Alpes-Maritimes, Arifege, Cantal, 
Lozere, Hautes-Pyr^nees, Pyren^es-Orientales, Tarn-et-Garonne and 
Vaucliise shall elect 2 senators each. 

The territory of Belfort, the three departments of Algeria, the 
four colonies of Martinique, of Guadeloupe, of Reunion and of the 
French Indies shall elect 1 senator each.^ 

Art. 3. In the departments where the number of senators is in- 
creased by the present law, the increase shall take effect as vacancies 
occur among the irremovable senators. 

For this purpose, within a week after the vacancy occurs, it shall 
be determined by lot in public session what department shall be 
called upon to elect a senator. 

This election shall take place within three months of the deter- 
mination by lot However, if the vacancy occurs within six months 
preceding the triennial election, the vacancy shall not be filled until 
that election. 

* Promulgated In the Journal offloiel of 10 December 1884. 

'This redistribution was not effective until after the death of the last irremovable 
senator (see Article S of this law). 



I-RANCE. 211 

The mandate thus conferred shall expire at the same time as that 
of the other senators belonging to the same department. 

Art. 4. No one shall be a senator unless he is a French citizen at 
least 40 years of age and in the enjoyment of civil and political 
rights.^ 

Members of families that have reigned in France are ineligible to 
the Senate. 

Art. 5. The soldiers of the land and naval forces shall not be 
elected senators. 

There are excepted from thi^ provision : 

1. The marshals of France and admirals. 

2. The general oflScers maintained without limit of age in the 
first section of the list of the general staflf and not provided with a 
command. 

3. The general officers placed in the second section of the list of 
the general staff. 

4. Members of the land and naval forces who belong either to 
the reserve of the active army or to the territorial army. 

Art. 6. Senators shall be elected by scrutin de liste^ by a college 
meeting at the capital of the department or of the colony and com- 
pQ3ed: 

1. Of the deputies. 

2. Of the general councilors. 

3. Of the councilors of the arrondissement. 

4. Of delegates elected from among the voters of the commime 
by each municipal council. 

Councils composed of 10 members shall elect 1 delegate. 

Councils compose4 of 12 members shall elect 2 delegates. 

Councils composed of 16 members shall elect 3 delegates. 

Councils composed of 21 members shall elect 6 delegates. 

Councils composed of 23 members shall electv9 delegates. 

Councils composed of 27 members shall elect 12 delegates. 

Councils composed of 30 members shall elect 15 delegates. 

Councils composed of 32 members shall elect 18 delegates. 

Councils composed of 34 members shall elect 21 delegates. 

Councils composed of 36 members or more shall elect 24 delegates. 

The municipal council of Paris shall elect 30 delegates. 

In the French Indies the members of the local councils shall take 
the place of councilors of the arrondissement. The municipal coun- 
cil of Pondich6ry shall elect 5 delegates. The municipal council of 
Karikal shall elect 3 delegates. All of the other communes shall 
elect 2 delegates each.^ 

^ By the Law of 20 July 1895 no one may become a member of either house unless he 
has complied with the law regarding military service. 

*A8 amended by the Law of 17 December 1008, which repealed a last paragraph 
worded as follows : " The balloting shall take place at the seat of government of each 
district." 



212 coisrsTiruTiONS of the states at war. 

Art 7. Members of the Senate shall be elected for 9 years. 

The Senate shall be renewed every 3 years according to the order 
of the present series of departments and colonies. 

Art. 8. Articles 2 (Paragraphs 1 and 2), 3, 4, 5, 8, 14, 16, 19 and 23 
of the Organic Law of 2 August 1875 on the elections of senators are 
amended as follows: 

Article 2 (Paragraphs 1 and 2). In each municipal council the election of 
delegates shall take place without debate and by secret ballot, by scrutin de liste 
and by an absolute majority of votes cast. 

After two ballots a plurality shall be sufficient, and in case of an equality 
of votes the oldest is elected. 

The procedure and method shall be the same for the election of alternates. 

Councils having 1, 2 or 3 delegates to choose shall elect 1 alternate. 

Those choosing 6 or 9 delegates shall elect 2 alternates. 

Those choosing 12 or 15 delegates shall elect 3 alternates. 

Those choosing 18 or 21 delegates shall elect 4 alternates. 

Those choosing 24 delegates shall elect 5 alternates. 

The municipal council of Paris shall elect 8 alternates. 

The alternates shall take the place of delegates in case of refusal or inability 
to serve, in the order determined by the number of votes received by each of 
them. 

Abt. 3. In communes where the duties of the municipal council are performed 
by a special delegation organized by virtue of Article 44 of the Law of 5 
April 1884, the senatorial delegates and alternates shall be chosen by the former 
council. 

Abt. 4. If the delegates were not present at the election, notice shall be given 
them by the mayor within 24 hours. They shall, within 5 days, notify the 
prefect of their acceptance. In case of refusal or silence, they shall be replaced 
by the alternates, who shall then be placed upon the list as the delegates of 
the commune. 

Abt. 5. The official report of the election of delegates and alternates shall 
be transmitted at once to the prefect. It shall state the acceptance or refusal 
of the delegates and alternates, as well as the protests raised, by one or more 
members of the municipal council, against the legality of the election. A copy 
of this official report shalj be posted on the door of the town hall. 

Abt. 8. Protests concerning the election of delegates or of alternates shall 
be decided, subject to an appeal to the Council of State, by the council of 
the prefecture, and, in the colonies, by the privy council. 

Delegates whose election Is annulled because they do not fulfill some one of 
the conditions demanded by law, or because of Informality, shall be replaced by 
the alternates. 

In case the election of a delegate and of an alternate is annulled, or In the 
case of the refusal or death of both of them after their acceptance, new 
elections shall be held by the municipal council on a day fixed by an order of 
the prefect. 

Abt. 14. The first ballot shall begin at 8 o'clock in the morning and close 
at noon. The second shall begin at 2 o'clock and close at 5 o'clock. The third 
shall begin at 7 o'clock and close at 10 o'clock. The results of the balloting 
shall be canvassed by the bureau and announced Immediately by the presi- 
dent of the electoral college. 



FRANCE. 213 

Abt. 16. Political meetings for the nomination of senators may be held 
from the date of the promulgation of the decree summoning the electors up 
to the day of the election, Inclusive. 

The declaration prescribed by Article 2 of the Law of 30 June 1881* shall 
be made by two voters at least 

The forms and regulations of this article, as well as those of Article 3, 
shall be observed. 

The members of Parliament elected or electors in the department, the 
senatorial electors, delegates and alternates, and the candidates or their repre- 
sentatives may alone be present at these meetings. 

The municipal authorities shall see to it that no other i)erson is admitted. 

Delegates and alternates shall present as a means of identification a certifi- 
cate from the mayor of the commune; candidates or their representatives, a 
certificate from the official who shall have received the declaration mentioned 
in Paragraph 2. 

Art. 19. Every attempt at corruption or constraint by the employment of 
means enumerated in Articles 177 and following of the Penal Code, to in- 
fluence the vote of an elector or to keep him from voting, shall be punished by 
imprisonment of from three months to two years and by a fine of from 50 to 500 
francs, or by either of these penalties. 

Article 463 of the Penal Code is applicable to the penalties provided by th:e 
present article. 

Abt. 23. Vacancies caused by the death or resignation of senators shall be 
filled within three months; however, if the vacancy occurs within six months 
preceding the triennial elections, it shall not be filled until those elections. 

Art. 9. The following are repealed : 

1. Articles 1-7 of the Law of 24 February 1875 on the organi- 
zation of the Senate. 

2. Articles 24 and 25 of the Law of 2 August 1875 on the elec- 
tions of senators.* 

LAW OF 16 JUNE 1885.' 
Amending the Electtoral Law. 

• 

Articles 1-3.* 

Art. 4. Members of families that have reigned in France are in- 
eligible to the Chamber of Deputies.'^ 

Art. 5. No one shall be elected on the fir3t ballot unless he 
receives : 

1. An absolute majority of the votes cast. 

2. A number of votes equal to one- fourth of the total number of 
voters registered. 

* See above, p. 201, note 2. 

*The transitory proviBions of this law are omitted, because they are practically 
repeated in the Law of 26 December 1887 on parliamentary incompatibilities (see 
below, p. 214). 

> Promulgated in the Journal offlolel of 17 June 1885. 

« Articles 1. 2 and 8 of this law were repealed by the Law of 18 February 1889 
(see below, p. 214). 

' For similar provisions regarding the Presidency of the Republic and the Senate, 
see Article 2 of the Law of 14 August 1884 and Article 4 of the Law of December 
1884 (see above, pp. 108. 211). Article 4 of the Law of 22 June 1886 prohibited every 
elective office to the members of families that have reigned in France. 



214 CONSTITUTIONS OF THE STATES AT WAB. 

On the second ballot a plurality shall be sufficient. 

In case of an equality of votes, the oldest of the candidates i& 
elected. 

Art. 6. Subject to the case of a dissolution provided for and regu- 
lated by the Constitution, the general elections shall take place within 
the 60 days preceding the expiration of the powers of the Chamber 
of Deputies. 

Art. 7. Vacancies which occur in the six months preceding the 
renewal of the Chamber shall not be filled. 

LAW OF 26 DECEMBER 1887.' 
On Parliamentary Incompatibilities. 

Until the passage of a special law on parliamentary incompati- 
bilities, Articles 8 and 9 of the Law of 30 November 1875 shall be 
applicable to senatorial elections.^ 

Every officer affected by this provision who has had 20 years of 
service and is 50 years of age at the time of his acceptance of the office 
of senator, may establish his rights to a proportional retiring pen- 
sion, which shall be governed by the third paragraph of Article 12 of 
the Law of 9 June 1853. 

LAW OF 13 FEBBITAEY 1889.' 
Beestablishing Single Districts for the Election of Deputies. 

Article 1. Articles 1, 2 and 3 of the Law of 16 June 1885 are re- 
pealed. 

Art. 2. Jd^embers of the Chamber of Deputies shall be elected by 
single districts. Each administrative arrondissement in the depart- 
ments, and each municipal arrondissement at Paris and at Lyons, shall 
elect one deputy. Arrondissements the population of which exceeds 
100,000 inhabitants shall elect an additional deputy for every 100,000 
or fraction of 100,000 inhabitants. Arrondissements in such cases 
shall be divided into districts, a table* of which is annexed to the 
present law and shall only be changed by law. 

Art. 3. One deputy is assigned to the territory of Belfort, 6 to 
Algeria and 10 to the colonies, as is indicated by the table. 

Art. 4. On and after the promulgation of the present law, until the 
renewal of the Chamber of Deputies, vacancies occurring in the 
Chamber of Deputies shall not be filled. 

i »-■ — -■■■-— ^ ■ ■- I I ■ ■ ■ ■» ■ , ■■■■■■ - ^■ II ■ m^ 

^ Promulgated In the Journal offloiel of 28 December 1887. 

* See this law, p. 203 above ; see also Article 20 of the Law of 2 August 1875, p. 202 
above. 

* Promulgated in the Journal offlciel of 14 February 1889. 

* This table is omitted. It may be found in the Journal offioiel of 14 February 1889 ; 
it has been modified by the Laws of 22 July 1893, 6 April 1898, 30 March 1902 and 
27 March 1914. 



FRANCE. 215 

LAW OF 17 JULY 1889.^ 

On Multiple Candidatures. 

Article 1. No one shall be a candidate in more than one district. 
Arts. 2-6.^ 

1 Promulgated in the Journal of/loiel of 18 Jaly 1889. 

* Formalities imposed upon candidates and penalties for their violation. 



GERMANY. 

From the dissolution of the Holy Roman Empire in 1806 to the 
reconstruction of the German Empire in 1871 the constitutional his- 
tory of Germany may be divided into three distinct periods: (1) 
The preponderance of France (Confederation of the Rhine) ; (2) the 
preponderance of Austria (German Confederation) ; and (3) the 
preponderance of Prussia (North German Confederation). 

The Confederation of the Rhine, established in July 1806, included 
practically all of the German States except Austria and Prussia. 
With the fall of Napoleon it was replaced by the German Confederal 
tion. The Confederation Act of 8 June 1815 * was amended by the 
Vienna Final Act of 15 May 1820,^ which united the States for the 
repression of liberal principles. Until the revolution of 1848 the 
movement for German unity was confined largely to liberal theorists. 
This revolution forced the governments to act. A German National 
Assembly met on 18 May 1848 and eventually adopted the Imperial 
Constitution of 28 March 1849. But by this time the liberal move- 
ment had begun to lose force. Austria had gained the victory over 
the revolutionary forces within its borders and firmly opposed any 
scheme which would give to Prussia the leadership of a united Ger- 
many. The Grerman Confederation was reestablished and continued 
until Austria was expelled from Germany by force of arms. 

The Schleswig-Holstein affair led to an open conflict between 
Prussia and Austria in 1866. In. the war which followed, Austria 
and her allies among the small States were signally defeated, and, 
by the Peace of Prague of 23 August 1866,^ Austria gave its " consent 
to the new organization of Germany without the participation of the 
Austrian Empire.'' The relations of the South German States to the 
new Confederation of the North German States, which had been 
established on 10 June 1866, were to be established by future nego- 
tiations. With the adhesion of the four South German States to the 
Confederation, the latter became the German Empire. 

By the treaties with the South German States changes had been 
introduced into the Constitution of the North German Confederation 



1 English translation In Edwabd Hertslrt^ Map of Europe hy Treaty, vol. i (London,. 
1876). pp. 200-207. German text and French translation in parallel columns in the 
British and Foreign State Papers, 2 : pp. 114-136. 

' English translation in Hertslet, op. cit., pp. 636-657. French translation in the- 
Britisff and Foreign State Papers, 7 : pp. 39©-414. 

'English translation in Hbbtslet, op. cit., vol. iii (London, 1876), pp. 1720-1726, and 
in thf British and ForHfrn State Papers, 56 : pp. 1050-10.'S4. 

217 
88381—19 15 



218 CONSTITUTIONS OF THE STATES AT WAR. 

and therefore the Constitution of the Empire was now contained in 
the following four documents : 

1. The Constitution of the North German Confederation of 16 
April-14 June 1867.^ 

2. The Protocol of 15 November 1870 ' between the North German 
Confederation, Baden and Hesse. 

3. The Treaty of 25 November 1870* between the North German 
Confederation, Baden and Hesse on the one side and Wurttemberg 
on the other. 

4. The Treaty of 23 November 1870 * concerning the adhesion of 
Bavaria to the North German Confederation. 

The Imperial Constitution of 16 April 1871 was practically a con- 
solidation of the permanent provisions of these four instruments. 
This Constitution has been amended 10 times since 1871, and in the 
text given below not only have these formal amendments been inserted 
in their proper places, but also many other important changes which 
the Constitution has undergone by means of addition of territory, 
interpretation in practice, and of ordinary legislation have been indi- 
cated in the footnotes.* 



CONSTITUTION OF 16 APBU 1871.' 

[Preamble.] 

His Majesty the King of Prussia, in the name of the North German 
Confederation, His Majesty the King of Bavaria, His Majesty the 
King of Wurttemberg, His Royal Highness the Grand Duke of 
Baden, and His Boyal Highness the Grand Duke .of Hesse and Bhen- 
ish Hesse for those parts of the Grand Duchy of Hesse lying south 
of the Main, conclude an eternal Confederation for the protection 
of the federal territory, and of the rights of the same as well as for 
the promotion of the welfare of the German people. This Con- 
federation shall bear the name of the German Empire, and shall 
have the following Constitution. 



1 English translation in Hertslet, op. cif., pp. 1807-1828. 

2 English translation in the BriHah and Foreiifn State Papers^ 61 : pp. 110-113. 

3 English translation in the British and Foreign State Papers, 61 : pp. 128-131. 

4 English translation in the British and Foreign State Papers, 61: pp. 113-127. 

r> These introductory paragraphs are based apon W. F. Dodd, Modem Constitution.'* 
< Chicago, 1909), vol. i, pp. 321-324, and F. R. Dareste bt P. Dabeste, Les Constitutiotnf 
moderneft (3d edition, Parle, 1910), vol. i, pp. 170-172. 

"German text in Felix Rtoerk, Handhuch der deutschen Verfassungen (2d edition, by 
F. W. VON RArcHHArPT, Mnnich, 1913), pp. 8-25, and in Paul Posener, Die Staatsrfr- 
fassnngen des BrdhaUs (Charlottenbnrg, 1909), pp. 46-63. French translation in 
Dareste, op, cit., pp. 172-200. English translation In Dodd, op. cit., pp. 325-351, and by 
E. J. James in Foreign Constitutions [The Convention Manual of the Sixth New York 
Utate Constitutional Convention, 1819k, part 2, vol. 3] (Albany, 1894), pp. 266-286. 
The translation given here is based on the one in Dodd, which has been brought up to 
date by a comparison with Stoerk-Rauchhal pt. 



k. 




OEBMANY. 219 

I. — Federal Territoby. 

Article 1. The federal territory shall consist of the States of 
Prussia with Lauenburg, Bavaria, Saxony, Wiirttemberg, Baden, 
Hesse, Mecklenburg-Schwerin, Saxe- Weimar, Mecklenburg-Strelitz, 
Oldenburg, Brunswick, Saxe-Meiningen, Saxe-AItenburg, Saxe- 
Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg- 
Sondershausen, Waldeck, Reuss, elder line, Reuss, younger line, 
Schaumburg-Lippe, Lippe, Lubeck, Bremen and Hamburg.* 

II. — ^Leoislatioi7 of the Empire. 

Art. 2. Within this federal territory the Empire shall exercise the 
right of legislation * in accordance with the provisions of this Consti- 
tution ; and the laws of the Empire shall take precedence of the laws 
of the Stated. The laws of the Empire shall receive their binding 
force by imperial promulgation, through the medium of a Reicha- 
geaetzblatt [Imperial Gazette]. If no other time is designated for 
the published law to take effect, it shall become effective on the four- 
teenth day after its publication in the Reichagesetzhlatt at Berlin^ 

Art. 3. There shall be a common citizenship for all Germany, and 
the members (subjects or citizens) of each State of the Confederation 
shall be treated in every other State as natives, and shall accordingly 
have the right of becoming permanent residents, of carrying on busi- 
ness, of filling public offices, of -acquiring real estate, of obtaining 
<;itizenship and of enjoying all other civil rights under the same con- 
ditions as those born in the State, and shall also have the same treat- 
ment as regards judicial remedies and the protection of the laws. 

No German shall be limited in the exercise of these rights by the 
authorities of his native State or bv the authorities of anv other 
State of the Confederation. 

The regulations governing the care of paupers and their admission 
into the various local unions shall not, however, be affected by the 
principle enunciated in the first paragraph. 

In like manner, until further action, those treaties shall remain in 
force which have been concluded between the several States of the 
Confederation in relation to the taking over of persons liable to be 
deported, the care of sick and the burial of deceased citizens. 

With respect to the performance of military service in the several » 
States, the necessary laws will be passed by the Empire. 

^ The Dnchy of Lauenburg was Joined to tbe crown of Prussia 13 September 1865, and 
Incorporated in the Kingdom of Prussia by the Law of 23 June 1876. Alsace-Lorraine 
was joined to the Empire by the Law of 9 June 1871 and incorporated in the federal terri 
tory by the I^w of 25 June 1873, Article 2. Tbe Law of 9 June 1871 invested the Em 
peror with the exercise of the right of sovereignty over Alsace-Lorraine. The Island oJ 
Helgoland was incorporated in the federal territory by the Law of 15 December 189G 
Article 2. 

*The Law of 2 May 1877 governs the exercise of the legislative power in Alsace 

Lorraine. 



220 CONSTITUTIONS OF THE STATES AT WAR. 

As against foreign countries all Germans shall have an equal claim 
upon the protection of the Empire. 

Art. 4. The following matters shall be under the supervision of 
tlie Empire and subject to imperial legislation : 

1. Regulations concerning the freedom of migration,* matters 
of domicile and settlement,* citizenship, passports,^ surveillance of 
foreigners, exercise of a profession,* including insurance,*^ so far as 
these matters are not already provided for by Article 3 of this Con- 
stitution; in Bavaria, however, exclusive of matters relating to domi- 
cile and settlement, and likewise matters relating to colonization and 
emigration to foreign countries.* 

2. Legislation concerning customs duties, commerce, and such 
taxes asare to be applied to the uses of the Empire.^ 

' ' .3. Regulation of the system of measures, coinage and weights," 
and th^ establishment of the principles for the issue of funded and 
unfunded paper money. 

4. General banking regulations.* 

5. Patents for inventions.*® 

6. The protection of the ownership of intellectual works.** 

' 7. The organization of a general system of protection for Ger- 
man trade in foreign countries, of German navigation and of the 
German flag on the high seas, and the establishment of a common 
consular representation, which shall be maintained by the Empire. 

8. Railway matters, subject in Bavaria to the provisions of 
Article 46, and the construction of highways and waterways in the 
interests of national defense and of commerce in general. 

9. Rafting and navigation upon waterways common to several 
States, the condition of such waterways, taxes collectable upon rivers 
and other waterways, and also the signals of maritime navigation 
(beacons, buoys, lights and other signals).*" 

10. Postal and telegraph affairs; in Bavaria and Wiirttemberg, 

however, only in accordance with the provisions of Article 52. 

' 

^ Law of 1 November 1867 on freedom of migration. 

^ Law of 1 June 1870 on the acquisition and losa of federal nationality and State 
nationality. 

' Law of 12 October 1867 on passports. 

* Law of 21 June 18(>9 on iuduKtr>', nmended by numerous subsequent laws. 

' Law of 15 June 1683 on workmen's health insurance (amended In 1892, 1900 and 
1903) ; Law of 30 June 1900 on workmen's accident insurance ; I^w of 22 June 1889 on 
workmen's old age and disability insurance (completed by tbe Law of 13 July 1899). 

* Law of 9 June 1897 on emigration. 
' See below. Articles 35 and 70. 

* Law of 4 December 1871 and Coinage Law of 9 July 1873 ; Ordinance of 17 August 
1868 on weights and measures (amended in 1873, 1884, 1893 and 1900). 

* Law of 7 June 1899. 

>» Law of 25 May 1877 on patents (amended by tbe Law of 7 April 1891) ; Law of 80 
November 1874 on the protection of trade-marks. 
" Law of 11 June 1870 on authors' rights. 
1* "And also . . . signals." Added by the Law of 3 March 1S73. 



k. 



GERMANY. 221 

11. Regulations concerning the reciprocal execution of judicial 
sentences in civil cases and the execution of requisitions in general.^ 

12. Begulations concerning authentication of public documents.^ 

13. General legislation as to the whole domain of civil law,^ 
criminal law * and judicial procedure.* 

14. The imperial military and naval affairs. 

15. Police regulation of medical and veterinary matters. 

16. Regulations concerning the press and the right of associa- 
tion.® 

Art. 5, The legislative power of the Empire shall be exercised by 
the Bundesrat and the Reichstag. A majority of the votes of both 
bodies shall be necessary and sufficient for the passage of a law. 

With respect to laws concerning the army, navy and the taxes 
specified in Article 35, the vote of the prcesidwm'^ shall decide in 
case of a difference of opinion in the Bundesrat, if such vote be in 
favor of the maintenance of existing arrangements. 

III. — ^Thb Bundesrat. 

Art. 6. The Bundesrat shall consist of representatives of the mem- 
bers of the Confederation, among which the votes shall be divided 
in such manner that Prussia with the former votes of Hanover. 
Electoral Hesse, Holstein, Nassau and Frankfort shall have 17 
votes; Bavaria, 6; Saxony, 4; Wiirttemberg, 4; Baden, 3; Hesse, 3; 
Mecklenburg-Schwerin, 2; Saxe- Weimar, 1; Mecklenburg-Strelitz, 
1 ; Oldenburg, 1 ; Brunswick, 2 ; Saxe-Meiningen, 1 ; Saxe-Altenburg, 
1; Saxe-Coburg-Gotha, 1; Anhalt, 1; Schwarzburg-Rudolstadt, 1; 
Schwarzburg-Sondershausen, 1; Waldeck, 1; Reuss, elder line, 1; 
Reuss, younger line, 1 ; Schaumburg-Lippe, 1 ; Lippe, 1 ; Liibeck, 1 ; 
Bremen, 1 ; Hamburg, 1 ; total, 58 votes. 

Each member of the Confederation may appoint as many delegates 
to the Bundesrat as it has votes, but the votes of each State shall be 
cast only as a unit. 

Art. 6a.® Alsace-Lorraine shall cast 3 votes in the Bimdesrat so 
long as the provisions of Article 2, Section 1, and Section 2, Para- 
graphs 1 and 3, of the Law of 31 May 1911 concerning the Consti- 
tution of Alsace-Lorraine, remain in force, 

^ Law of 21 June 1869 on the reciprocal assistance of federal courts. 
■Law of 1 May 1878 on tbe credibility due ta authentic acts. 

* As amended by the Law of 20 December 1873. The original text read : " General 
legislation concerning the law of obligations, criminal law, the law of commerce and 
exchange, and Judicial procedure." The Civil Code was promulgated 16 August 1896. 

* Penal Code of 15 May 1871, amended by numerous subsequent laws. 

■ Code of Civil Procedure of 30 January 1877 ; Code of Penal Procedure of 1 February 
1877. 

* Law of 7 May 1874 on the press ; Law of 19 April 1908 on association. 
' I. e., of Prussia (see below, p. 223). 

■Article 6a was inserted by the Law of 31 May 1011 (cf. Stoerk-Rauchhacpt, op. dt., 
pp. 10-11). 





222 CONSTITUTIONS OF THE STATES AT WAB. 

The votes of Alsace-Lorraine shall not be counted if the addition 
of these votes alone would give the majority to the presidential vote 
or would give it the deciding vote in the sense of Article 7, Para- 
graph 3, Sentence 3. The same shall hold good for the decisions 
upon amendments to the Constitution. 

Alsace-Lorraine shall be imderstood to be a State of the Con- 
federation in the sense of Article 6, Section 2, and of Articles 7 and 8. 
rART. 7. The Bundesrat shall take action: 
1. Upon the measures to be proposed to the Reichstag and the 
resolutions passed by the same. 

2. Upon the general administrative provisions and arrangements 
necessary for the execution of the imperial laws, so far as not other- 
wise provided for by imperial law. 

3. Upon the defects which may be discovered in the execution of 
the imperial laws or of the provisions and arrangements heretofore 
mentioned. 

Each member of the Confederation shall have the right to make 
propositions and introduce motions, and it shall be the duty of the 
presidium to submit them for deliberation. 

Decision shall be reached by simple majority, with the exceptions 
provided for by Articles 5, 37 and 78. Votes not represented or not 
instructed shall not be coimted. In the case of a tie, the vote of 
the praesidium shall decide. 

In decisions upon a subject which, according to the provisions of 
this Constitution, does not concern the whole Empire, only the votes 
of those States of the Confederation interested in the matter in 
question shall be counted. 

Art. 8. The Bundesrat shall appoint from its own members per- 
manent committees: 

1. On the army and the fortifications. 

2. On marine affairs. 

3. On customs duties and taxes. 

4. On commerce and trade. 

5. On railroads, posts and telegraphs. 

6. On judicial affairs. 

7. On accounts.^ 
In each of these committees there shall be representatives of at 

least four States of the Confederation, besides the praesidium, and 
each State shall be entitled to only one vote therein. In the Com- 
mittee on the Army and Fortifications Bavaria shall have a perma- 
nent seat; the remaining members of this Committee, as well as the 
members of the Committee on Marine Affairs, shall be appointed by 



^ Five other permanent committees derive their per8onn(4 from the membership of 
the Bundesrat : 

8. On foreign affairs. 11. On the order of business. 

0. On Alsace-Lorraine. 12. On railway freight tariffs. 

l<^^^|te0oiiBtltution. 




the Emperor; the members of the other committees shall be elected 
by the Bundesrat. These committees shall be newly formed at each 
session of the Bundesrat, i. e., each year, and the retiring members 
shall be eligible for reelection. 

A Committee on Foreign Affairs, over which Bavaria shall preside, 
shall also be appointed in the Bundesrat; it shall be composed of 
the plenipotentiaries of the Kingdoms of Bavaria, Saxony and 
Wiirttemburg and of two plenipotentiaries of the other States of the 
Empire, who shall be elected annually by the Bundesrat. 

The employees necessary for the conduct of their work shall be 
placed at the disposal of the committees. 

Art. 9. Each member of the Bundesrat shall have the right to 
appear in the Reichstag, and must be heard there at any time he 
shall so request, in order to represent the views of his government, 
even when such views shall not have been adopted by the majority 
of the Bundesrat. No one shall at the same time be a member of 
the Bundesrat and of the Eeichstag. 

Art. 10. The Emperor shall afford the customary diplomatic pro- 
tection to the members of the Bundesrat. 



IV. — The Presidency. 

Art. 11. The presidency {prcesidiv/m) of the Confederation shall 
belong to the King of Prussia, who shall bear the title of German Em- 
peror. It shall be the duty of the Emperor to represent the Empire 
among nations, to declare war and to conclude peace in the name 
of the Empire, to enter into alliances and other treaties with foreign' 
countries, to accredit and receive ambassadors. 

For a declaration of war in the name of the Empire, the consent 
of the Bundesrat is required, unless an attack is made upon the fed- 
eral territorv or its coasts. 

So far as treaties with foreign countries relate to matters which, 
according to Article 4, are to be regulated by imperial legislation, the 
consent of the Bundesrat shall be required for their conclusion, and 
the approval of the Reichstag shall be necessary to render them valiil. 

Art. 12. The Emperor shall have the right to convene, open, ad- 
journ and close the Bundesrat and the Reichstag. 

Art. 13. The Bundesrat and the Reichstag shall be convened an- 
nually, and the Bundesrat may be called together for the preparation 
of business without the Reichstag; the latter, however, shall not be 
convened without the Bundesrat. 

Art. 14. The Bundesrat shall be convened whenever a meeting is 
demanded bv one third of the total number of votes. 

Art. 15. The Imperial Chancellor, to be appointed by the Em- 
peror, shall preside in the Bundesrat and supervise the conduct of its 
business. 



.224 CONSTITUTIONS OF THE STATES AT WAK. 

The Imperial Chancellor shall have the right to delegate the power 
to represent him to any other member of the Bundesrat ; this delega- 
tion shall be made in writing.^ 

Art. 16. The necessary bills shall be laid before the Reichstag in 
the name of the Emperor, in accordance with the resolutions of the 
Bundesrat, and shall bfe advocated in the Reichstag by members of 
the Bundesrat or by special commissioners appointed by the latter. 

Art. 17. It shall be the duty of the Emperor to prepare and pub- 
lish the laws of the Empire and to supervise their execution. The 
decrees and ordinances of the Emperor shall be issued in the name of 
the Empire and shall require for their validity the countersignature 
of the Imperial Chancellor, who thereby assumes the responsibility 
for them.* 

Art. 18. The Emperor shall appoint Imperial officials, cause them 
to take the oath to the Empire and dismiss them when necessary. 

Officials of any one of the States of the Confederation, who shall 
be appointed to any Imperial office, shall enjoy, with reference to the 
Empire, the same rights as those to which they are entitled in their 
native State by virtue of their official position, provided that no other 
legislative provision shall have been made previous to their entrance 
into the service of the Empire.'* 

Art. 19, If the States of the Confederation do not fulfill their con- 
stitutional duties, they may be compelled to do so by execution. This 
execution shall be decided upon by the Bundesrat and carried out by 
the Emperor. 

V. — The Reichstag. 

Art. 20. The Reichstag shall be elected by universal and direct 
suffrage on secret ballot. 

Until regulation by law, the power to make such regulation being 

reserved by Section 5 of the Electoral Law of 31 May 1869 {Bundes- 

gesetzhlatt^ 1869, page 145), 48 deputies shall be elected in Bavaria, 

17 in Wiirttemberg, 14 in Baden, 6 in Hesse south of the River Main, 

and the total number shall consequently be 382.* 

__ _-. _ _ »__.__ 

^ The Law of 17 March 1878 authorized the Imperial Chancellor to delegate yarious 
functloDB of imperial administration. 

' By the Law of 17 March 1878, the countersignature may be made by ah authorized 
representative of the Imperial Chancellor. 

" Law of 31 March 1873 on the rights and duties of imperial officials (amended in 
188R, 1887, 1893, 1903 and 1905. There are nine departments : Foreign Affairs, Interior. 
Marine, Posts, Treasury, Railroads, Imperial Railroads, Banks, Justice. 

^ Including, that is to say, those deputies returned by the States of the North German 
Confederation. By the Law of 25 June 1873, 15 additional members are elected from 
Alsace-Lorraine, malting the total number 397, the remaining 297 being distributed as 
follows : 

Trussla, 235 ; Saxony, 2o ; Mecklenburg-Schwerin, 6 ; Hfsse, Saxe- Weimar. Oldenburg, 
nrunswick, and Hamburg, 3 each ; Saxe-Melnlngen. Saxe-('oburg-(4otha, and Anhalt, "i 
each ; the rest, 1 each. 

With certain minor exceptions every male German of the age of 25 years may vote 
for members of and may be elected to the Reichstag. 




GERMANY. 225 

Art. 21. No leave of absence shall be required for public officials 
to enter the Reichstag. 

When a member of the Beichstag accepts a salaried office of the 
Empire, or a salaried office in one of the States of the Confederation, 
or accepts any office of the Empire or of a State involving higher 
rank or salary, he shall forfeit his seat and vote in the Reichstag and 
may recover his place in the same only by a new election. 

Art. 22. The proceedings of the Reichstag shall be public. 

No one shall be held responsible for truthful reports of the pro- 
ceedings of the public sessions of the Reichstag. 

Art. 23. The Reichstag shall have the right to propose laws witlv^^ J 
in the competence of the Empire and to refer petitions addressed 
to it to the Bundesrat or the Chancellor of the Empire. 

Art. 24. The term of the Reichstag shall be five years.^ To dis- 
solve the Reichstag during that time, a resolution of the Bundesrat, 
with the consent of the Emperor, is required. 

Art. 25. In case of the dissolution of the Reichstag, new elections 
shall take place within a period of 60 days, and the Reichstag shall 
be called together within a period of 90 days after its dissolution. 

Art. 26. Without the consent of the Reichstag, an adjournment 
of that body shall not exceed the period of 30 days and shall not 
be repeated during the same session. , I 

Art. 27. The Reichstag shall examine into the legality of the elec- 
tion of its members and decide thereon. It shall regulate its own 
procedure and its own discipline, through its order of business, and 
elect its president, vice-presidents and secretaries. _ 

Art. 28. The Reichstag shall take action by absolute majority. 
To render any action valid, the presence of a majority of the statu- 
tory number of members is recjuired.^ 

Art. 29. The members of the Reichstag are the representatives of 
the people as a whole and shall not be bound by ordere or instruc- 
tions. 

Art. 30. No riiember of the Reichstag shall at any time suffer legal 
or disciplinary prosecution on account of his vote or on account of 
utterances made while in the performance of his functions, or be held 
responsible in any other way outside of the Reichstag. 

Art. 31. Without the consent of the Reichstag, no one of its mem- 
bers shall be tried or arrested during the session for any penal offense, 

^ As ameodod by the Law of 19 March 1888. Originally the term was three years. 

*Tho second paragraph of this article was repealed by the Law of 24 February 1873. 
It read as follows : " In decisions of a matter which, according to this Constitution, does 
not concern the entire Empire, only such members shall vote as are elected from States 
whose inter«»»tH are aflfected by the proposition." Cf. the last p<iragraph of Article 7, 
p. 222. above. 



1 




226 CONSTITUTIONS OF THE STATES AT WAK. 

unless he be taken in the commission of the offense, or during the 
course of the following day. 
Like consent shall be required in the case of arrest for debt.^ 
At the request of the Reichstag all criminal proceedings instituted 
against one of its members and all detentions for judicial inquiry 
or in civil cases shall be suspended during its session. 

Art. 32. The members of the Reichstag as such shall receive no 
salary. They shall receive an indemnity in accordance with the pro- 
visions of law.2 

VI. — Customs and Commebce. 

Art. 33. Germany shall form one customs and commercial terri- 
tory, having a common frontier for the collection of duties. Such 
parts of the territory as can not, by reason of their situation, be suit- 
ably embraced within the customs frontier, shall be excluded. 

All articles which are the subject of free traffic in one State of the 
Confederation may be brought into any other State, and in the latter 
shall be subject only to such internal taxes as are imposed upon 
similar domestic productions. 

Art. 34. The Hanse cities, Bremen and Hamburg, together witli 
a part of their own or of the surrounding territory suitable for such 
purpose, shall remain free ports outside of the common customs 
frontier, until they request admission within such frontier. 

Art. 35. The Empire shall have the exclusive power to legislate 
concerning everything relating to the customs, concerning the taxa- 
tion of salt and tobacco produced in the federal territory, of domestic 
brandy and beer and of sugar and sirup prepared from beets or other 
domestic products, concerning the mutual protection against fraud 
with reference to all taxes upon articles of consumption levied in the 
several States of the Confederation, as well as concerning the meas- 
ures which may be required in the territory, outside the customs 
boundaries, for the security of the common customs frontier. 

In Bavaria, Wiirttemberg and Baden, the matter of taxing domes- 
tic brandy and beer shall remain reserved to the legislation of the 
States. The States of the Confederation shall, however, endeavor to 
bring about uniform legislation regarding the taxation of these 
articles also. 

Art. 36. The administration and collection of customs duties and 
of the taxes on articles of consumption (Article 35) shall be left to 

^ I^w of 29 May 18C8 on the abolition of imprisonment for debt. 

' As amended by the Law of 21 May 1906. Article 82, as originally worded, forbade 
any salary or indemnity to members of the Reichstag. A law of 21 May 1906 provides 
that members of the KeichstaK shall receive: (1) Free transportation on the German 
railways during the sessions of the Relrhstag and for 8 days before the beginning of and 
8 days after the close of each »e»<sion ; and (2) a yearly indemnity of 8,000 marks. 




GERMANY. 227 

each State of the Confederation within its own territory, so far as 
these functions have heretofore been exercised by each State. 

The Emperor shall superintend the observance of legal methods 
by means of imperial officers whom he shall appoint, after consulting 
the Committee of the Bundesrat on Customs Duties and Taxes, to act 
in cooperation with the customs or tax officials and with the directive 
boards of the several States. 

Reports made by these officers concerning defects in the adminis- 
tration of the joint legislation (Article 35) shall be submitted to the 
Bundesrat for action. 

Art, 37. In taking action upon the rules and regulations for the 
execution of the joint legislation (Article 35), the vote of the prsesi- 
dium shall decide when it is cast in favor of maintaining the existing 
rule or regulation. 

Art. 38. The revenues from customs and from the other taxes 
designated in Article 35, so far as the latter are subject to imperial 
legislation, shall go to the treasury of the Empire. 
' Such revenues shall consist of the total receipts from the customs 
and the other taxes, after deducting therefrom : 

1. Tax rebates and reductions in conformity with existing laws 
or general administrative regulations. • 

2. Reimbursements for taxes improperly collected. 

3. The costs of collection and of administration, viz : 

a. In case of the customs, the costs which are required for 
the protection and collection of customs on the frontiers and in the 
frontier districts. 

&. For the salt tax, the costs which are incurred for the salaries 
of the officers charged with the collection and control of this tax at 
the salt works. 

c. For the taxes on beet sugar and on tobacco, the compensa- 
tion 'which is to be allowed, according to the existing rules of the 
Bundesrat, to the several State governments for the cost of adminis- 
tering these taxes. 

d. Fifteen per cent of the total receipts from other taxes. 
The territories situated outside of the common customs frontier 

shall contribute to the expenses of the Empire by payment of a pro- 
portional sum (aversum), 

Bavaria, Wiirttemberg and Baden shall not share in the revenues 
which go into the treasur}^ of the Empire from duties on brandy 
and beer, nor in the portion of the aforesaid proportional sum cor- 
responding to these revenues. 

The provision of Article 38, Paragraph 2, Number 3 d, of the 
Imperial Constitution is repealed, in so far as it relates to the tax on 
breweries. The compensation to be allowed to the States for the 



228 CONSTITUTIONS OF THE STATES AT WAR. 

expense of collecting and administering the tax on breweries shall 
be fixed by the Bundesrat.^ 

Akt. 39. The quarterly extracts, made at the end of each quarter 
by the revenue boards of the States of the Confederation, and the 
final statements, made at the end of the year aft^r the closing of the 
accounts, of the receipts which have become due in the course of the 
quarter, or during the fiscal year, from customs and from taxes on 
consumption which, according to Article 38, belong to the treasury 
of the Empire, shall, after a preliminary audit, be assembled in 
general summaries by the directive boards of the various States. 
Each tax shall be separately entered, and these summaries shall be 
transmitted to the Committee of Accounts of the Bundesrat. 

The latter, upon the basis of these summaries, shall fix provision- 
ally every three months the amounts due to the imperial treasury 
from the treasury of each State, and it shall inform the Bundesrat 
and the States of the amounts so fixed ; furthermore, it shall submit 
to the Bundesrat annually the final statement of these amounts with 
its remarks. The Bundesrat shall take action upon the determination 
of such amounts. 

Art. 40. The terms of the Customs Union Treaty of 8 July 1867,* 
shall remain in force, so far as they have not been altered by the 
provisions of this Constitution and so long as they are riot altered 
in the manner designated in Articles 7 or 78. 

VII. — ^Railways. 

Art. 41. Railways, which are considered necessary for the defense 
of Germany or in the interest of general commerce, may, by force 
of imperial law, be constructed at the expense of the Empire, even 
against the opposition of the members of the Union through whose 
territory the railroads run, without prejudice, however, to the sov- 
ereign rights of the States; or private persons may be granted the 
right to construct railways and receive the right of eminent domain. 

Every existing railway is bound to permit new railroad lines to be 
connected with it, at the expense of the said new lines. 

All laws which grant existing railway undertakings the right to 
prevent the building of parallel or competitive lines are hereby re- 
pealed throughout the Empire, without prejudice to rights already 
acquired. Such rights of prevention shall not be granted in future 
concessions. 

Art. 42. The governments of the States of the Confederation bind 
themselves, in the interest of general commerce, to manage the 
German railways as one system, and for this purpose to have all new 
lines constructed and equipped according to a uniform plan. 

^ This last para^aph was added by tbe Law of 3 June 1906. 

> Law of 27 May 1885 modifying the Cualoms Union Treaty of 8 July 1867. 



GERMANY. 22i> 

Art. 43. Accordingly, as soon as possible, uniform arrangements 
as to operation shall be made, and especially shall uniform regula- 
tions be adopted for the police of railways.^ The Empire shall take 
care that the various railway administrations keep the roads at all 
times in such condition as is necessary for public security and furnish 
them with such equipment as the needs of traflSc may require. 

Art. 44. Railway administrations are bound to establish as many 
passenger trains of suitable speed as may be required for througlx 
traffic and for the establishment of harmony between time tables; 
also to establish such freight trains as may be necessary for the trans- 
port of goods and to organize a system of through forwarding both 
in passenger and freight traffic, permitting rolling stock to go from 
one road to another for the usual remuneration. 

Art. 45. The Empire shall have control of the tariff of charges. It 
shall especially exert itself to the end: 

1. That uniform regulations as to operation be introduced as 
soon as possible on all German railway lines. 

2. That the tariff be reduced and made uniform as far as pos- 
sible, and particularly that in the long-distance transportation of 
coal, coke, wood, ores, stone, salt, pig-iron, manure, and similar 
articles, a tariff be introduced suitablv modified in the interests of 
agriculture and industry; and that the 1-pfennig tariff be introduced 
as soon as practicable. 

Art. 46, In case of public distress, especially in case of an extraor- 
dinary rise in the price of provisions, it shall be the duty of the rail- 
way administrations to adopt tempoi^arily a low special tariff suited 
to the circumstances, to be fixed by the Emperor on motion of the 
competent committee of the Bundesrat, for the trt^nsport of grain, 
flour, legumes and potatoes. This tariff shall, however, not be lower 
than the lowest existing rate for raw produce on the said line. 

The foregoing provisions, and those of Articles 42-45, shall not 
apply to Bavaria. 

The Empire, however, shall have the power, with respect to 
Bavaria also, to establish by means of legislation uniform standards 
for the construction and equipment of railways which may be of 
importance for the defense of the country. 

Art. 47. The managers of all railways shall be required to obey, 
without hesitation, requisitions made by the authorities of the Empire 
for the use of their roads for the defense of Germany. In particular 
shall troops aiid all materials of war be forwarded at uniformly re- 
duced rates. 



^ The refoilations, which are very numerous, as listed in A. Abnot^ Verfasaung des 
deuttichcn Reichs (3d edition. Berlin, 1907), p. 263. 



230 CONSTITUTIONS OF THE STATES AT WAR. 

VIII. — ^PoflT AND Telegraph. 

Art. 48. The postal and telegraphic systems shall be organized 
and managed on a uniform plan, as State institutions throughout the 
German Empire. 

The legislation of the Empire in regard to postal and telegraphic 
affairs, provided for in Article 4, shall riot extend to those matters the 
control of which is left to governmental ordinance or administrative 
regulation, according to the principles which have prevailed in the 
administration of post and telegraph by the North German Con- 
federation. 

Art. 49. The receipts from post and telegraph tliroughout the 
Empire shall belong to a common fund. The expenses shall be paid 
from the general receipts. The surplus shall go into the imperial 
treasury (Section XII). 

Art. 50. The Emperor shall have the supreme supervision of the 
administration of post and telegraph. The officers appointed by him 
(^hall have the duty and the right to see to it that uniformity be estab- 
lished and maintained in the organization of the administration and 
in the conduct of business, as well as in the qualifications of em- 
ployees. 

Thfe Emperor shall have the power to issue governmental instruc- 
tions and general administrative regulations, and also the exclusive 
right to regulate the relations with the postal and telegraphic systems 
of other countries. 

It shall be the duty of all officers of the postal and telegraphic 
administration to obey the orders of the Emperor. This obligation 
shall be assumed in the oath of office. 

The appointmeRt of such superior officers as shall be required for 
the administration of the post and telegraph in the various districts 
(such as directors, counselors, superintendents), furthermore, the 
appointment of -officers of the post and telegraph acting in the capac- 
ity of organs of the aforesaid authorities as supervisors or for other 
services in the several districts (such as inspectors, controllers), 
shall be made throughout the Empire by the Emperor, to whom such 
officers shall take the oath of office. The governments of the several 
States shall receive timely notice of the aforementioned appointments, 
so far as they may relate to their territories, so that they may officially 
confirm and publish them. 

Other officers required in the administration of the post and tele- 
graph, as well as all those employed for local and technical work, 
including the officials in the local offices, and so forth, shall be ap- 
l)ointed by the governments of the respective States. 

Where there is no independent State administration of post or tele- 
graph, the terms of special treaties shall control. 



■ 



GERMANY. 231 

Art. 51.* 

Art. 52. The provisions of the foregoing Articles 48-51 shall i^ot 
apply to Bavaria and Wiirttemberg. In their place the following 
provisions shall be valid for these two States of the Empire : 

The Empire shall have the exclusive power to legislate upon the 
privileges of the post and telegraph, upon the legal relations of both 
institutions to the public, upon the franking privilege and the postal 
rates, excepting, however, the adoption of administrative regulations 
and of rates for the internal communication within Bavaria and 
Wiirttemberg, respectively; and, under like limitations, upon the 
fixing of charges for telegraphic correspondence. 

In the same manner, the Empire shall have the regulation of postal 
and telegraphic communication with foreign countries, excepting the 
immediate intercourse of Bavaria and Wiirttemberg with neighbor- 
ing States not belonging to the Empire, the regulation of which 
shall be subject to the provisions of Article 49 of the Postal Treaty 
of 23 November 1867.^ 

Bavaria and Wiirttemberg shall not share in the postal and tele- 
graphic receipts coming into the treasury of the Empire. 

IX. — Marine and Navigation. 

Art. 53. The navy of the Empire shall be a united one, under the 
supreme command of the Emperor. The Emperor is charged with 
its organization and construction; he shall appoint the officers and 
employees of the navy, and they and the seamen shall take an oath 
of obedience to him. _ 



The harbor of Kiel and the harbor of the Jade shall be imperial 
naval ports. 

The expense required for the establishment and maintenance of 
the navy and of the institutions connected therewith shall be de- 
frayed from the treasury of the Empire. 

All seafaring men of the Empire, including machinists and arti- 
sans employed in ship-building, are exempt from service in the army, 
but are liable to service in the imperial navy.^ 

Art. 54. The merchant vessels of all States of the Confederation 
shall form a united merchant marine. 



^Article 51 governed, for the first eight years, a special method of computing postal 
surpluses. At the expiration of these eight years, the total surplus was to be turned into 
the imperial treasury. 

2 This postal treaty was between the North (Jorman Confederation, Bavaria, Wiirttem- 
berg and Baden. 

• Paragraph 5 of Article 53 was repealed by the Law of 26 May 1893. It read as 
follows : *' The apportionment of requisitions to supply the ranks of the navy shall be 
made according to the actual seafaring population, and the number furnished in accord- 
ance herewith by each State shall be deducted from the number otherwise required for 
the army." 



y 



/ 



234 CONSTITUTIONS OF THE STATES AT WAR. 

ing to Article 60, shall be annually placed at the disposal of the 
Emperor until 31 December 1871. (See Section XII.) 

After 31 December 1871, the several States of the Confederation 
shall pay these contributions into the imperial treasury. Until it is 
altered by an imperial law, the strength of the army in time of peace, 
as temporarily fixed in Article 60, shall be taken as a basis for calcu- 
lating the amounts of such contributions. 

The expenditure of these sums for the imperial army and its 
establishments shall be fixed by the budgetary law. 

In determining the budget of military expenditure, the organiza- 
tion of the imperial army, legally established in accordance with this 
Constitution, shall be taken as a basis. 




Art. 63. The total land force of the Empire shall form one army, 
which shall be under the command of the Emperor, in war and in 
»eace. 

The regiments, etc., throughout the whole German army shall bear 
continuous numbers. As to the uniform, the primary colors and cut 
of the royal Prussian army shall be the standard. It is left to com- 
manders of the several contingents to determine upon external marks 
of distinction (cockades, etc.). 

It shall be the duty and right of the Emperor to take care that 
throughout the German army all divisions be kept complete and 
ready to take the field, and that uniformity be established and main- 
tained in regard to organization and formation, equipment and com- 
mand, the training of the men and the qualifications of the officers. 
For this purpose the Emperor shall have authority to satisfy himself 
at any time, by inspection, of the condition of the several contingents, 
and to order the correction of defects disclosed by such inspection. 

The Emperor shall determine the strength, composition and di- 
vision of the contingents of the imperial army, and also the organi- 
zation of the national guard {Landmehr)^ and he shall have the 
right to determine the garrisons within the federal territory, as also 
to order any portion of the imperial army held in readiness for war. 

In order to maintain the indispensable unity in the administration, 
care, arming and equipment of all divisions of the German army, 
all orders relating to these matters hereafter issued to the Prussian 
army shall be communicated, for their proper observance, to the 
commanders of the other contingents, through the Committee on the 
Army and Fortifications provided for by Article 8, No. 1. 

Akt. 64. All German troops are bound to render unconditional 
obedience to the conmiands of the Emperor. This obligation shall be 
included in the military oath. 

I'he commander-in-chief of a contingent, as well as all officers com- 
manding troops of more than one contingent, and all commanders of 
fortresses, shall be appointed by the Emperor. The officers appointed 



L 



GERMANY. 235 

by the Emperor shall take the military oath to him. The appoint- 
ment of generals, and of officers performing the duties of generals 
within a contingent, shall in every case be subject to the approval of 
the Emperor. 

In the transfer of officers, with or without promotion, to positions 
which are to be filled by him in the service of the Empire, be it in 
the Prussian army or in other contingents, the Emperor shall have 
the right to select from the officers of all the contingents of the impe- 
rial army. 

Art. 65. The right to construct fortresses within the federal terri- 
tory shall belong to^the Emperor, who shall ask in accordance with 
Section XII for the grant of the means required for that purpose, 
unless it has already been included in the regular appropriation. 

Art. 66. Where special conventions do not provide otherwise, the 
princes of the Confederation and the senates shall appoint the officers 
of their respective contingents, subject to the restriction of Article 64. 
They shall be the heads of all of the divisions of troops belonging to 
their territories, and shall enjoy the honors connected therewith. 
They shall have particularly the right to hold inspections at any 
time, and shall receive, besides the regular reports and announce- 
ments of changes to be made, timely information of all promotions 
and appointments concerning their respective contingents, in order 
to provide for the necessary publication of such information by 
State authority. 

They shall also have the right, for police purposes, not only to 
employ their own troops, but also to requisition all other divisions 
of the imperial army which may be stationed in their respective 
territories. 

Art. 67. Unexpended portions of the military appropriation shall 
under no circumstances fall to the share of a single government, 
but at all times to the imperial treasury. 

Art. 68. The Emperor shall have the power, if public security 
within the federal territory is threatened, to declare martial law in 
Jiny part of the Empire. Until the publicatioh of a law regulating 
the occasions, the form of announcement and the effects of such a 
declaration, the provisions of the Prussian Law of 4 June 1851 shall 
be in force {Gesetz-Sammlung^ 1851, p. 451 ff.) 

FINAL PROVISION OF SECTION XI. 

The provisions contained in this section shall be applied in Ba- 
varia, in accordance with the more detailed provisions of the Treaty 
of Alliance of 23 November 1870^ {Bundesgesetzhlatt^ 1871, p. 9), 
under III, § 5; in Wiirttemberg, in accordance with the more de- 

* See above, p. 218, note 4, 



236 CONSTITUTIONS OF THE STATES AT WAB. 

tailed provisions of the Military Convention of 21-25 November 
1870 1 {BundesgesetzUatt, 1870, p. 658). 

XII. Finances of the Empire. 

Art. 69. All receipts and expenditures of the Empire shall be 

estimated for each year, and included in the imperial budget. The 
latter shall be fixed by law before the beginning of the fiscal year, in 
accordance with the following principles. 

Art. 70. For the defrayal of all common expenses there shall serve 
first of all the joint revenues derived from customs duties, from com- 
mon taxes, from the railway, postal and telegraphic systems, and 
from the other branches of the administration. In so far as the ex- 
penditures are not covered by such receipts, they shall be met by con- 
tributions from the several States of the Confederation in proportion 
to their population, such contributions to be fixed by the Imperial 
Chancellor, with reference to the total amount established by the 
budget. In so far as these contributions are not used, they shall be 
repaid to the States at the end of the year, in proportion as the other 
regular receipts of the Empire exceed its needs. 

Any surpluses from preceding years shall be used, in so far as the 
imperial budgetary law does not otherwise provide, for defraying 
the joint extraordinary expenses.^ 

Art. 71. The general appropriations shall, as a rule, be granted 
for one year; they may, however, in special cases, be granted for a 
longer period. 

During the period of transition fixed by Article 60, the properly 
classified budget of the expenditures of the army shall be laid before 
the Bundesrat and the Reichstag merely for their information. 

Art. 72. For the purpose of discharge an annual report of the 
expenditure of all the revenues of the Empire shall be presented, 
through the Imperial Chancellor, to the Bundesrat and the Reichstag, 
for their approval. 

Art. 73. In cases of extraordinary need, a loan may be contracted 
or a guaranty assumed as a charge upon the Empire, by means of 
imperial legislation. 

FINAL PEOVISION OF SECTION XII. 

Articles 69 and 71 shall apply to expenditures for the Bavarian 
army only according to the provisions of the Treaty of 23 November 
1870, mentioned in the final provision of Section XI ; and Article 72 
shall apply only to the extent that the Bundesrat and the Reichstag 

^ EngUsh translation in the BriiUh and Foreign State Papers, 61 : pp. 131-135. 
*Ab amended by the Laws of 14 May 1904 and 3 June 1906. 



GERMANY. 237 

shall be informed that the sum necessary for the Bavarian army has 
been assigned to Bavaria. 

XIII. — Settlement of Disputes and Penal Provisions. 

Art. 74. Every attempt against the existence, the integrity, the 
security or the Constitution of the German Empire; finally, any 
offense committed against the Bundesrat, Reichstag, a member of the 
Bundesrat or of the Reichstag, an authority or a public officer of the 
Empire, while in the execution of their duty or with reference to 
their ofScial position, by word, writing,* printing, drawing, pictorial 
or other representation, shall be judged and punished in the severM 
States of the Confederation in accordance with the laws therein exist- 
ing or which may hereafter' be enacted, by which provision is made 
for the trial of similar offenses against any one of the States of the 
Confederation, its constitution, its legislature or estates, the members 
of its legislature or its estates, its authorities and officers. 

Art. 75. For those offenses against the German Empire, specified 
in Article 74, which, if committed against one of the States of the 
Empire, would be considered high treason or treason against the 
State, the Superior Court of Appeals of the three free Hanse cities, 
at Liibeck, shall be the competent deciding tribunal in the first and 
last instance. 

More definite provisions as to the competency and the procedure 
of the Superior Court of Appeals shall be made by Imperial legis- 
lation. Until the passage of an Imperial law, the existing jurisdic- 
tion of the courts in the respective States, and the provisions relative 
to the procedure of these courts shall remain as at present.^ 

Art. 76. Disputes between the several States of the Confederation, 
so far as they do not relate to matters of private law, and are there- 
fore to be decided by the competent judicial authorities, shall be 
adjusted by the Bundesrat, at the request of one of the parties. 

In disputes relating to constitutional matters in those States of 
the Confederation whose constitution does not designate an authority 
for the settlement of such differences, the Bundesrat shall, at the 
request of one of the parties, effect an amicable adjustment, or, if 
this can not be done, the matter shall be settled by imperial law. 

Art. 77. If justice is denied in one of the States of the Confedera- 
tion, and sufficient relief can not be procured by legal measures, it 
shall be the duty of the Bundesrat to receive substantiated complaints 
concerning denial or restriction of justice, which shall be proven 
according to the constitution and the existing laws of the respective 
States of the Confederation, and thereupon to obtain judicial relief 



^ The criminal competence of the Superior Court of Appeals at LQbeck disappeared with 
the creation of the Supreme Court of the Empire. 



238 CONSTITUTIONS OF THE STATES AT WAR. 

from the State government which shall have given occasion to the 
complaint. 

XIV. — General Provisions. 

Art. 78. Amendments of the Constitution shall be made by legis- 
lative enactment. They shall be considered as rejected when 14 
votes are cast against them in the Bundesrat. 

The provisions of the Constitution of the Empire, by which cer- 
tain rights are secured to particular States of the Confederation in 
their relation to the whole, may be amended only with the consent of 
the States affected. 



i 



GREAT BRITAIN AND IRELAND. 

There is no Constitution in England, if by this expression is meant 
a fundamental law organizing the powers of the State and fixing the 
bases of public law. At no period in their history have the English 
considered it necessary or expedient to present their political system 
under the form of a solemn act, setting forth abstract theories or 
containing the construction of an entirely new political edifice. 
There are, it is true, certain famous historical documents, each of 
which marks a step in the progress of English institutions. Such 
are notably the Great Charter of Liberty^ the Petition of Rights the 
BiU of Rights and the Act of SettlemerU, But it must be noticed 
that none of them herald the settlement of anything new; on the 
contrary, it is repeated with a peculiar insistence that the rights and 
liberties which it has seemed necessary to proclaim anew are ancient 
rights which the English people have always enjoyed. 

The rules of the English Constitution can be found in no single 
written document, for it is built upon old laws and precedents. 
Therefore, it would be manifestly impossible to include all such laws 
. in a work of this character. Besides the laws which are printed 
here in text or translation, it will be suflScient to enumerate certain 
Acts of Parliament upon constitutional matters : 

The 39 articles governing the Constitution of the English church 
voted by the clergy in 1562 and converted into law of the realm in 
1571 [13 Elizabeth, c. 12]. 

An Act for an Union of the Two Kingdoms of England and Scot- 
land of 16 May 1707 [6. Anne, c. 11]. 

An Act for rendrlng the Union of the Two Kingdoms more 
intire and complete of 1707 [6 Anne, c. 40]. 

The Act for Union of Great Britain and Ireland of 2 July 1800 
[39 & 40 George III, c. 67, amended by 21 & 22 Victoria, c. 26, and 
by the Statute Law Revision Act of 1871]. 

An Act for the Relief of His Majesty"* s Roman Catholic Subjects 
of 24 June 1829 [10 George IV, c. 7]. 

An Act to amend the Representation of the People in England 
and' Wales of 7 June 1832 [2 William IV, c. 45], of the People in 
Scotland of 17 July 1832 [2 WiUiam IV, c. 65], of the People in Ire- 
land of 7 August 1832 [2 William IV, c. 88]. 

239 



240 CONSTITUTIONS OF THE STATES AT WAR. 

An Act further to amend the Laws relating to the representation 
of the People in England and ^Vales of 15 August 18G7 [30 & 31 
Victoria^ c. 102]. 

An Act to amerul the Law relating to the Representation of the 
People of the United Kingdom of 6 December 1884 [48 Victoria^ 
c. 3]. This was followed by a series of laws passed in 1885 of 
which the chief ones are: The Registration Acts [48 & 49 Victoria^ 
c. 15, 16 and 17] and the Rcdlstiihution of Seats Act [48 & 49 Vk- 
toria^ c. 23].^ 



GREAT CHASTER OF LIBERTIES OF 11 FEBRUARY 1225.2 

[Preamble.] 

Henry, by the grace of God, King of England, Lord of Ireland, 
Duke of Xormandy and Guyan, and Earl of Anjou, to the arch- 
bishops, bishops, abbots, priors, earls, barons, sheriffs, reeves, servants, 
and all bailiffs and his faithful subjects, which shall see this present 
Charter, greeting. Know that by the suggestion of God, and for the 
salvation of our soul and the souls of our predecessors and successors, 
to the exaltation of Holy Church and improvement of our realm, of 
our own free good will, we have given and granted to the ar-chbishops, 
bishops, abbots, priors, earls, barons, and to all of our realm these 
liberties written below, to be kept in our Kingdom of England for- 
ever. 

Article 1. In the first place we have granted to God, and by this 
our present Charter have confirmed, for us and our heirs forever, 
that the English Church shall be free and shall have all its rights 
entire and its liberties uninjured. We have granted also and given 
to all free men of our realm, for us and our heirs forever, these liber- 
ties written below, to be had and be holden by them and their heirs 
from us and our heirs forever. 

Arts. 2-6. ^ 



* These Introductory paragraphs are based upon F. R. Dareste et P. Dabeste, Lcb 
Constitutions modemes (3d edition, Paris, 1910), vol. i, pp. 46-51. Since the present 
work contains only documents of a constitutional nature, and since an adequate outline 
of the Constitution of Great Britain Is to be derived from such a multitude of sources, 
the reader is therefore referred to an article in English by Loiis Hamilton in Paul 
Posener. Die Staatsvrrfassungen des Erdballs (Charlottenburg, 1909), pp. 601-629, to the 
authorities there cited and to the authorities cited in Dareste, op. eft., pp. 70-72. 

"Of the 37 articles corapoMng the (Jreat Charter of Henry III, 22 are now considered 
as repealed and have been so declared by the Statutes of Parliament, notably by the 
titatute Law Revision Act of 1863 [26 & 27 Victoria, c. 125.] The Great Charter has 
been confirmed a number of times, but these confirmations all carry forward the text of 
1225, the Charter of 1215 containing provisions not reproduced in subsequent confirma- 
tions. The translation given here is based upon the Latin text and English translation 
of the Charter of 1297 [25 Edward /], confirming the Charter of Henry III [9 Henry III], 
in The Statutes: Second Rci^ised Edition, vol. i (London, 1888), pp. 44-53. French 
translation of this and the following documents appears In Dareste^ op. cit., pp. 52-70. 

^ R(>pealed by the Statute Law Revision Act of 1863. 



L 



i 



GREAT BRITAIN AND IRELAND. 241 

Art. 7.^ 

Art. 8. We, or our bailiflFs, shall not seize any land or rent for 
any debt, so long as the present chattels of the debtor are sufficient 
for the payment of the debt and the debtor himself is ready to satisfy 
therefore. Nor shall the pledges of the debtor be distrained, so long 
as the principal debtor himself is sufficient for the payment of the 
debt ; and if the principal debtor fail in the payment of the debt, not. 
having the wherewithal to pay, or will not pay where he is able, the 
pledges shall answer for the debt ; and if they wish, they shall have 
the lands and rents of the debtor, until they shall have been satisfied 
for the debt which they before paid for him, unless the debtor shall 
have shown hiniself to be quit in that respect towards those pledges. 

Art. 9. The citv of London shall have all its ancient liberties and 
customs. Moreover, we will and grant that all other cities and bor- 
oughs and villages and the barons of the Cinque Ports, and all other 
ports, shall have all their liberties and free customs. 

Art. 10. No man shall be distrained to do more service for a 
knight's fee or for any other free tenement than is due from it. 

Arts. 11-12.^ 

Art. 13.3 

Art. 14. A free man shall not be fined {ainercietm-) for a small 
offence, except in proportion to the measure of the offence; and for 
a great offence, [he shall be fined] in proportion to the magnitude 
of the offence, saving to him his freehold ; and a merchant likewise, 
saving his merchandise; and any other's villian than ours shall be 
likewise fined, saving his wainage, if he shall be at our mercy. And 
none of the above fines shall be imposed except by the oaths of 
honest and lawful men of the neighborhood. Earls and barons shall 
only be fined by their peers, and only in proportion to their offence. 
No man of the church shall be fined in proportion to the measure of 
his spiritual benefice, but in proportion to his lay holding and to 
the measure of his offence. 

Art. 15. No vill or man shall be distrained to make bridges 
over the rivers except those which of old time and of right ought 
to do it. 

Art. 16. No river-banks shall be defended from henceforth, but 
such as were in defence in the time of King Henry our grandfather, 
by the same places and the same bounds' as they were wont to be in 
his time. 

^ Provisions regarding the restriction of the dowry and second marriages of widows. 
* Repealed by 42 & 43 Victoria, c. 59. Article 11 concerned common pleas and circuit 
courts. 

» Repealed by the Statute Law Bevi^iion Act of 1863. 



242 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 17. No sheriff, constable, coroner, or other bailiffs of ours 
shall hold pleas of our crown. 

Art. 18.1 

Arts. 19-21.2 

Art. 22. We will not hold the lands of those convicted of felony 
for more than a year and a day, after which the lands shall be re- 
turned to the lords of the fiefs. 

Art. 23.8 

Art. 24.2 

Art. 25.* 

Art. 26.» 

Arts. 27-28.2 

Art. 29. No free man shall be taken or imprisoned, or be dispos- 
sessed of his freehold or liberties or free customs, or be outlawed, 
or exiled, or in any other way destroyed ; nor will we go upon him, 
or send upon him except by the lawful judgment of his peers or by the 
law of the land. To no one will we sell, to no one will we deny or 
defer right or justice. 

Art. 30. All merchants, if they were not openly prohibited before,* 
shall have their safe and sure conduct to depart out of England, to 
come into England, to tarry in and go through England, as well by 
land as by water, for buying and selling, free from all maletolts, by 
the ancient and rightful customs, except in time of war ; and if they 
are of a land at war with us and such are found in our land at the 
beginning of the war, they shall be attached without damage to 
their bodies or goods, until it shall be known from us or our chief 
justice in what way the merchants of our land are treated who shall 
be then found in the country which is at war with us; and if ours 
are safe there, the others shall be safe in our land. 

Arts. 31-37.« 

Eeserving to all archbishops, bishops, abbots, priors, templars, hos- 
pitallers, earls, barons, and all persons, as well spiritual as temporal, all 
their liberties and free customs, which they have had in time passed. 
And all those customs and liberties mentioned above which we have 
granted to be holden within our realm, as far as pertains to us, in 
respect to our men ; all men of our realm, as well clergy as laymen,, 
shall observe, as far as pertains to them, in respect to their men. 

^ ProYlsioii regarding the opening of succesBion of lay tenants of the King. 
' Repealed by the Statute Law Revision Act of 1863. 
' Provision regarding fishing in rivers. 

* Provision regarding weights and measures. 
■ Repealed by George IV, c. 31, s. 1. 

* Repealed by the Btatute Law Revision Act of 1863. The provisions concerned feudaf 
law. 



GREAT BRITAIN AND IRELAND. 24S 

And for this our gift and grant of these liberties, and of others 
contained in our Charter of Liberties of the Forest/ the archbishops, 
bishops, abbots, priors, earls, barons, knights, freeholders, and all 
of our realm have given unto us the fifteenth part of all their mov- 
ables. And we have granted unto them on the other part, for us and 
our heirs, that neither we nor our heirs shall produce or do anything 
whereby the liberties contained in this Charter shall be infringed or 
broken. And if anything be procured by any person contrary to the 
premises, it shall not be valid and shall be considered nuU.^ 

CONFIBMATION OF CHARTERS, OF 10 OCTOBER 1297.' 

Confirmation of the Magna Charta and of the Charter of 

Forests by Edward I. 

Article 1. Edward, by the grace of God, King of England, Lord 
of Ireland, and Duke of Guyan, to all those that these present letters 
shall hear or see, greeting. Know that we, to the honor of God and of 
Holy Church and to the profit of all our realm, have granted, for us 
and for our heirs, that the Great Charter of Liberties and the Charter 
of the Forest, which were made by common assent of. all the realm 
in the time of King Henry our father, shall be kept in all points 
without breach. And we will that the same charters shall be sent 
under our seal, as well to our justices of the forest, as to others, and 
to all sheriffs of shires, and to all our other officers, and to all our 
cities throughout the land, together with our writs, in which it shall 
be contained that they cause the foresaid charters to be published 
and cause to be declared to the people that we have confirmed them 
in all points ; and to our justices, sheriffs, mayors and other ministers, 
which under us and by us have the laws of our land to guide, that 
they shall allow the same charters in all their points, in pleas before 
them and in judgments ; that is to wit, the Great Charter of Liberties 
as the common law, and the Charter of the Forest according to the 
assize of the forest, for the improvement of our people. 

Art. 2. And we will that, if any judgment be given from henceforth 
contrary to the points of the charters aforesaid by the justices or by 
other ministers of ours that hold plea before them against the points 
of the charters, it shall be undone and holden for nought. 

Arts. 3-4.* 



^ Carta de foresta regis Henrici III of 12 February 1225. 

> Here follow the names of the witnesses to the number of 65 : 1 archbishop, 11 
bishops, 20 abbots, the chief Justice, 8 earls, the constable and 28 nobles. 

* Carta confirmation regis Edieardi I (25 Edward /]. The translation given here is 
based upon the French text and English translation in The Statwtes: Second Revised Bd4r 
tion, vol. I (London, 1888). pp. 5^-56. 

« Repealed by the Statute Law Revision Act of 1888 [50 & 51 Victoria, c. 59]. 



244 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 5. And forasmuch as divers people of our realm are in fear 
that the aids and tasks which they have hitherto given to us towards 
our wars and other business, of their own grant and their own good 
will, howsoever they were made, might turn to a bondage to them and 
to their heirs, because they might be at another time found in the 
rolls, and so likewise the prizes taken throughout the realm by our 
ministers in our name, we have granted for us and our heirs that we 
shall not draw such aids, tasks or prizes Into a custom, for any thing 
that hath been done heretofore or that may be found by roll or in any 
other manner. 

Art. 6. Moreover, we have granted, for us and our heirs, as well to 
archbishops, bishops, abbots and priors and other folk of Holy 
Church, as also to earls and barons and to all the commonalty of the 
land, that for no business from henceforth we shall take of our realm 
such manner of aids, tasks or prizes, except by the common assent 
of all the realm and for the common profit thereof, saving the ancient 
aids and prizes due and accustomed. 

Art 7. And forasmuch as the majority of the commonalty of the 
realm find themselves sore grieved with the maletolts of wools, that is 
to wit, a toll of forty shillings for every sack of wool, and have made 
petitions to us to release the same,' we at their requests have fully re- 
leased it and have granted that we will not take such thiiig nor any 
other without their common assent and their good will, saving to us 
and our heirs the custom of wools, skins and leather, granted before 
by the commonalty of the realm aforesaid. In witness of which 
things we have caused these our letters to be made patents. 

Witness Edward our son at London the tenth day of October, the 
twenty-fifth year of our reign. 

And be it remembered that this same Charter, in the same terms, 
word for word, was sealed in Flanders under the King^s Great Seal, 
that is to say, at Ghent the fifth day of November, the twenty-fifth 
year of the reign of our aforesaid lord the King, and sent into Eng- 
land. 

STATTTTTTM DE TALLAGIO NON GONCEBENBO OF 1297.' 

Article 1. No tallage or aid shall be laid or levied by us or our 
heirs in our realm without the good will and assent of the arch- 

^Thia document, cited by Walter of Hemini^ford under the name of ArticuU inserii in 
Magna Oharta, is not found In the authentic collections of the time. It Is nevertheless 
clte<1 as a statute In Article 1 of the Petition of Right (see below, p. 245), and was so 
decided by the Judges In 1637. The translation given here Is based upon the Latin text 
and KnRllHh translation In The 8tatut€»: Second Revised Edition, vol. i (London, 1888). 
pp. 56-57. 



GREAT BRITAIN AND IRELAND. 245 

bishops, bishops and other prelates, earls, barons, knights, burgesses 
and other freemen of our realm. 

Art. 2. No officer of ours or of our heirs shall take corn, wool, 
leather or any other goods of any manner of person without the good 
will and assent of the party to whom the goods belonged. 

Art. 3. Nothing shall be taken from a sack of wool in the name or 
by occasion of maletolt. 

Art. 4. We will and grant, for us and our heirs, that all clerks 
and laymen of our realm shall have all their laws, liberties and free 
customs as largely and wholly as they have used to have the same at 
any time when they had them best and most fully. And if any 
statutes have been made by us or our predecessors, or any customs 
brought in contrary to them or any manner of article contained in 
this present Charter, we will and grant that such manner of statutes 
and customs shall be void and null forevermore. 

Arts. 5-6.^ 

PETITION OF EIGHT OF 7 JTTNE 1628.' 
To THE King's Most Excellent Majesty. 

Article 1. Humbly show unto our Sovereign Lord the King, the 
Lords Spiritual and Temporal, and Commons in Parliament assem- 
bled, that whereas it is declared and enacted by a statute made in the 
time of the reign of King Edward the First, commonly called Statu- 
turn de taHagio non concedendo^ that no tallage or aid shall be laid or 
levied by the King or his heirs in this realm without the good will 
and assent of the archbishops, bishops, earls, barons, knights, bur- 
gesses, and other the freemen of the commonality of his realm ; and 
by authority of Parliament holden in the five and twentieth year of 
the reign of King Edward the Third, it is declared and enacted that 
from thenceforth no person shall be compelled to make any loans 
to the King against his will, because such loans were against reason 
and the franchise of the land ; and by other laws of this realm it is 
provided that none should be charged by any charge or imposition, 
called a benovolence, nor by such like charge : by which, the statutes 
before-mentioned and other the good laws and statutes of this realm, 
your subjects have inherited this freedom, that they should not be 

^ Article 5 jrrants pardon to different members of the aristocracy who had rebelled 
against the royal power. Article 6 contains measures to assure the publication and 
execution of the statute. 

*The Peticion Exhibite{l to his Majestic hp the Lords SpirituaJl and Temporall and 
Commons, in this present Parliament assembled, concerning divers Rights and Liberties 
of the Subjects, toith the Kings Majesties Royall Aunswere thereunto in full Parliament 
[3 Charles I, c. 1]. The text given here is reprinted (in modern orthography) from The 
Statutes: Second ReviHon Edition, voL i (London, 1888), pp. 585-688. 



246 OONSTTTUTIONS OF THE STATES AT WAR. 

compelled to contribute to any tax, tallage, aid, or other like charge, 
not set by common consent in Parliament : 

Art. 2. Yet nevertheless, of late divers commissions directed to 
sundry commissioners in several counties with instructions have is- 
sued, by means whereof your people have been in divers places assem- 
bled and required to lend certain sums of money unto your Majesty, 
and many of them, upon their refusal so to do. have had an oath 
administered unto them, not warrantable by the laws or statutes 
of this realm, and have been constrained to become bound to 
make appearance and give attendance before your Privy Council 
and in other places, and others of them have been therefore im- 
prisoned, confined, and sundry other ways molested and disquieted : 
and divers othere charges have been laid and levied upon your 
people in several counties, by Lord Lieutenants, deputy lieu- 
tenants, commissioners for musters, justices of peace and others, by 
command or direction from your Majesty or your Privy Council, 
against the laws and free customs of this realm. 

Art. 3. And whereas also by the statute called, " The Great Charter 
of the Liberties of England,"^ it is declared and enacted, that no free- 
man may be taken or imprisoned or be disseised of his freehold or 
liberties, or his free customs, or be outlawed or exiled, or in any 
manner destroyed, but by the lawful judgment of his peers, or by the 
law of the land : 

Art. 4. And in the eight and twentieth year of the reign of King 
Edward the Third, it was declared and enacted by authority of 
Parliament that no man, of what estate or condition that he be, should 
be put out of his lands or tenements, nor taken, nor imprisoned, 
nor disherited, nor put to death, without being brought to answer 
by due process of law : 

Art. 5. Nevertheless, against the tenor of the said statutes and 
other the good laws and statutes of your realm to that end provided, 
divers of your subjects have of late been imprisoned without any 
cause showed, and when for their deliverance they were brought be- 
fore your justices by your Majesty's writs of hcbem corpus^ there to 
undergo and receive as the court should order, and their keepers 
commanded to certify the causes of their detainer, no cause was cer- 
tified, but that they were detained by your Majesty's special com- 
mand, signified by the lords of your Privy Council, and yet were 
returned back to several prisons without being charged with any- 
thing to which they might make answer according to the law. 

Art. 6. And whereas of late great companies of soldiers and mari- 
ners have been dispersed into divers counties of the realm and the 
inhabitants against their wills have been compelled to receive them 



* See abOTe, p. 240. 



i_ 



GREAT BRITAIN AND IRELAND. 247 

« 

into their houses, and there to suffer them to sojourn, against the 
laws and customs of this reahn, and to the great grievance and vexa- 
tion of the people: 

Art. 7. And whereas also by authority of Parliament, in the five 
and twentieth year of the reign of King Edward the Third, it is 
declared and enacted that no man shall be forejudged of life or limb 
against the form of the Great Charter and the law of the land ; and 
by the said Great Charter and other the laws and statutes of this 
your realm, no man ought to be adjudged to death, but by the laws 
established in this your realm either by the customs of the same realm 
or by Acts of Parliament: and whereas no offender of what kind 
soever is exempted from the proceedings to be used and punishments 
to be inflicted by the laws and statutes of this your realm; never- 
the less of late divers commissions under your Majesty's Great Seal 
have issued forth, by which certain persons have been assigned and 
appointed commissioners with power and authority to proceed within 
the land, according to the justice of martial law against such soldiers 
and mariners, or other dissolute persons joining with them, as should 
commit any murder, robbery, felony, mutiny, or other outrage or mis- 
demeanor whatsoever, and by such summary course and order as is 
agreeable to martial law and is used in armies in time of war, to 
proceed to the trial and condemnation of such offenders, and them 
to cause to be executed and put to death, according to the law martial. 

By pretext whereof, some of your Majesty's subjects have been by 

some of the said commissioners put to death, when and where, if by 

the laws and statutes of the land they had deserved death, by the 

same laws and statutes also they might, and by no other ought to 

^ have been, adjudged and executed. 

And also sundry grievous offenders by colour thereof, claiming an 
exemption, have escaped the punishments due to them by the laws 
and statutes of this your realm, by reason that divers of your officers 
and ministers of justice have \m justly refused, or forborne to pro- 
ceed against such offenders according to the same laws and statutes, 
upon pretence that the said offenders were punishable only by mar- 
tial law, and by authority of such commissions as aforesaid ; which 
commissions, and all other of like nature, are wholly arid directly 
contrary to the said laws and statutes of this your realm. 

Art, 8. They do therefore humbly pray your most excellent Maj- 
esty, that no man hereafter be compelled to make or yield any gift, 
loan, benevolence, tax, or such like charge, without common consent 
by Act of Parliament; and that none be called to make answer, or 
take such oath, or to give attendance, or be confined, or otherwise 
molested or disquieted concerning the same, or for refusal thereof; 
and that no freeman, in any such manner as in before-mentioned, be 



248 CONSTITUTIONS OF THE STATES AT WAR. 

imprisoned or detained; and that your Majesty will be pleased to 
remove the said soldiers and mariners, and that your people may 
not be so burdened in time to come ; and that the aforesaid commis- 
sions for proceeding by martial law, may be revoked and annulled ; 
and that hereafter no commissions of like nature may issue forth to 
any person or persons whatsoever, to be executed as aforesaid, lest 
by colour of them any of your Majesty's subjects be destroyed or put 
to death, contrary to the laws and franchise of the land. 

All which they most humbly pray of your most excellent Majesty, 
as their rights and liberties according to the laws and statutes of this 
realm ; and that your Majesty would also vouchsafe to declare, that 
the awards, doings and proceedings to the prejudice of your people, 
in any of the premises, shall not be drawn hereafter into consequence 
or example ; and that your Majesty would be also graciously pleased,- 
for the further comfort and safety of your people, to declare your 
royal will and pleasure, that in the things aforesaid all your officers 
and ministers shall serve you, according to the laws and statutes of 
this realm, as they tender the honour of your Majesty, and the pros- 
perity of this kingdom.^ 

HABEAS CORPUS ACT OF 1679.' 

Article 1. Whereas great delays have been used by sheriffs, gaol- 
ers, and other officers, to whose custody any of the King's subjects 
have been committed for criminal or supposed criminal matters, in 
making returns of writs of habeas corpu^to them directed, by stand- 
ing out an alias and plwnies habeas corpus^ and sometimes more, and 
by other shifts to avoid their yielding obedience to such writs, con- 
trary to their duty and the known laws of the land, whereby many 
of the King's subjects have been and hereafter may be long detained 
in prison, in such cases where by law they are bailable, to their great 
charge and vexation. For the prevention whereof, and the more 
speedy relief of all persons imprisoned for any such criminal or 
supposed criminal matters, be it enacted by the King's most excel- 

1 This Petition was read In Parliament on 2 June 1628, together with the King's answer 
as follows : 

" The King willeth that right be done according to the laws and customs of the realm ; 
and that the statutes be put In due execution, that his subjects may have no cause to 
complain of any wrong or oppressions, contrary to their just rights and liberties, to the 
preservation whereof he holds himself as well obliged as of his prerogative." 

This reply not being considered clear enough, Parliament requested another. On 7 June 
the King appeared in person and pronounced the following French formula, Soit droit 
fait come est dMr€, which, according to usage, signifled assent pure and simple to the 
terms of the petition. 

* An Act for th^ better secureing the Liherty of the Subject and for Prevention of 
Impriaonmet^ta beyond the Seaa [31 Charles JI, c. 2]. The text given here Is reprinted 
(In modem orthography) from The Statutes: Second Revised Edition, vol. i (London. 
1888), pp. 672-680. 



GREAT BRITAIN AND IRELAND. 249^ 

lent Majesty, by and with the advice and consent of the Lords Spir- 
itual and Temporal, and Commons, in this present Parliament as- 
sembled, and by the authority thereof, that whensoever any person 
or persons shall bring any haheas corpus directed unto any sheriff 
or sheriffs, gaoler, minister, or other person whatsoever, for any 
person in his or their custody, and the said writ shall be served upon 
the said officer, or left at the gaol or prison with any of the under- 
officers, under-keepers or deputy of the said officers or keepers, that 
the said officer or officers, his or their underofficei's, under-keepers 
or deputies, shall, within three days after the service thereof as afore- 
said (unless the commitment aforesaid Avere for treason or felony^ 
plainly and specially expressed in the warrant of commitment)^ 
upon payment or tender of the charges of bringing the said prisoner^ 
to be ascertained by the judge or court that awarded the same, and 
endorsed upon the said writ, not exceeding twelve pence per mile, 
and upon security given Ly his own bond to pay the charges of car- 
rying back the prisoner, if he shall be remanded by the court or 
judge to which he shall be brought according to the true intent of 
this present Act, and that he will not make any escape by the way,, 
make return of such writ; and bring or cause to be brought the body 
of the party so committed or restrained, unto or before the Lord 
Chancellor, or Lord Keeper of the Great Seal of England for the 
time being, or the judges or barons of the said court from whence 
the said writ shall issue, or unto and before such other person or 
persons before whom the said writ is made returnable, according 
to the command thereof; and shall then likewise certify the true 
causes of his detainer or imprisonment, unless the commitment of 
the said party be in any place beyond the distance of twenty miles 
from the place or places where such court or person is or shall be 
residing; and if beyond the distance of twenty miles, and not above 
one hundred miles, then within the space of ten days, and if beyond 
the distance of one hundred miles, then within the space of twenty 
days, after such the delivery aforesaid, and no longer. 

Art. 2. And to the intent that no sheriff, gaoler or other officer 
may pretend ignorance of the import of any such writ, be it enacted 
by the authority aforesaid that all such writs shall be marked in 
this manner, per statutu/m tricesimo primo Caroli secmidi regis^ and 
shall be signed by the person that awards the same ; and if any per- 
son or persons shall be or stand committed or detained as aforesaid, 
for any crime, unless for treason or felony plainly expressed in the 
warrant of commitment, in the vacation-time, and out of term, it 
shall and may be lawful to and for the person or persons so com- 
mitted or detained (other than persons convict or in execution) by 
legal process, or any one on his or their behalf, to appeal or complain 

88381—19 17 



250 CONSTITUTIONS OF THE STATES AT WAR. 

to the Lord Chancellor or Lord Keeper, or any one of his Majesty's 
justices, either of the one bench or of the other, or the barons of 
the exchequer of the degree of the coif ; and the said Lord Chancel- 
lor, Lord Keeper, justices or barons' or any of them, upon view of 
the copy or copies of the warrant or Avarrants of commitment and 
detainer, or otherwise upon oath made that such copy or copies were 
denied to be given by such person or persons in whose custody the 
prisoner or prisoners is or are detained, are hereby authorized, and 
required, upon request made in writing by such person or persons 
or any on his, her or their behalf, attested and subscribed by two 
witnesses who were present at the delivery of the same, to award 
and grant an haheas corjrus under the seal of such court whereof he 
shall then be one of the judges, to be directed to the officer of officers 
in whose custody the party so committed or detained shall be, re- 
turnable immediate before the said Lord Chancellor or Lord Keeper, 
or such justice, baron or any other justice or baron of the degree 
of the coif of any of the said courts; and upon service thereof as 
aforesaid, the officer or officers, his or their underofficer or under- 
officers, imder- keeper or under-keepers, or deputy, in whose custody 
the party is so committed or detained, shall within the times re- 
spectively before limited, bring such prisoner or prisoners before 
the said Lord Chancellor or Lord Keeper, or such justices, barons 
or one of them, before whom the said writ is made returnable, 
and in case of his absence before any of them, with the return of 
such writ, and the true causes of the commitment and detainer ; and 
thereupon within two days after the party shall be brought before 
them, the said Lord Chancellor or Lord Keeper, or such justice or 
baron before whom the prisoner shall be brought as aforesaid, shall 
discharge the said prisoner from his imprisonment, taking his or 
their recognizance, with one or more surety or sureties, in any sum 
according to their discretions, having regard to the quality of the 
prisoner and nature of the offence, for his or their appearance in the 
court of king's bench the term following, or at the next assizes, ses- 
sions, or general gaol-delivery of and for such county, city, or place 
where the commitment was, or where the offence was committed, or 
in such other court where the said offence is properly cognizable, as 
the case shall require, and then shall certify the said writ with the 
return thereof, and the said recognizance or recognizances into the 
said court where such appearance is to be made; unless it shall ap- 
pear unto the said Lord Chancellor or Lord Keeper, or justice or 
justices, or baron or barons, that the party so committed is detained 
upon a legal process, order or warrant, out of some court that hath 
jurisdiction of criminal matters, or by some warrant signed and 
sealed with the hand and seal of any of the said justices or barons, 



GREAT BRITAIN AND IRELAND. 251 

or some justice or justices of the peace, for such matters or offences 
for the which by the law the prisoner is not bailable. 

Art. 3. Provided always, and be it enacted that if any person shall 
have willfully neglected, by the space of two whole terms after his 
imprisonment, to pray a habeas corpus for his enlargement, such per- 
son so willfully neglecting shall not have any habeas corpus to be 
granted in vacation-time, in pursuance of this act. 

Art. 4. And if any officer or officers, his or their underofficer or 
underofficers, under-keeper or under-keepers, or deputy, shall neglect 
or refuse to make the returns aforesaid, or to bring the body or bodies 
of the prisoner or prisoners according to the command of the said 
writ, within the respective times aforesaid, or upon demand made 
by the prisoner or person in his behalf, shall refuse to deliver, or 
within the space of six hours after demand shall not deliver, to the 
person so demanding, a true copy of the warrant or warrants of com- 
mitment and detainer of such prisoner, which he and they are hereby 
required to deliver accordingly; all and every the head goalers and 
keepers of such prisons, and such other person in whose custody the 
prisoner shall be detained, shall for the first offence forfeit to the 
prisoner or party grieved the sum of one hundred pounds, and for 
the second offence the sum of two hundred pounds, and shall and is 
hereby made incapable to hold or execute his said office, the said 
penalties to be recovered by the prisoner or party grieved, his exe- 
cutors or administrators, against such offender, his executors or ad- 
ministrators, by any action of debt, suit, bill, plaint, or information, 
in any of the King's courts at Westminster, wherein no essoin, pro- 
tection, privilege, injunction, wager of law, or stay of prosecution 
by non vult vlterius prosequi^ or otherwise, shall be admitted or al- 
lowed^ or any more than one imparlance, and any recovery or judg- 
ment at the suit of any party grieved shall be a sufficient conviction 
for the first offence, and any after recovery or judgment, at the suit 
of a party grieved for any offence after the first judgment, shall be 
a sufficient conviction to bring the officers or person within the said 
penalty for the second offence. 

Art. 5. And for the prevention of unjust vexation by reiterated 
commitments for the same offense, be it enacted by the authority 
aforesaid that no person or persons, which shall be delivered or set 
at large upon any habeas corpus^ shall at any time hereafter be 
again imprisoned or committed for the same offence by any person or 
persons whatsoever, other than by the legal order and process of 
such court wherein he or they shall be bound by recognizance to 
appear, or other court having jurisdiction of the cause; and if any 
other person or persons shall knowingly contrary to this act recom- 
mit or imprison, or knowingly procure or cause to be recommitted 
or imprisoned, for the same offence or pretended offence, anv nersoa 



254 CONSTITUTIONS OF THE STATES AT WAR. 

plaintiff in every such action shall have judgment to recover his treble 
costs, besides damages, which damages so to be given shall not be less 
than five hundred pounds; in which action no delay, stay or stop of 
proceeding by rule, order or command, nor no injunction, protection 
or privilege whatsoever, nor any more than one imparlance shall be 
allowed, excepting such rule of the court wherein the action shall de- 
pend, made in open court, as shall be thought in justice necessary, 
for special cause to be expressed in the said rule ; and the person or 
persons who shall knowingly frame, contrive, write, seal or counter- 
sign any warrant for such commitment, detainer, or transportation, 
or shall so commit, detain, imprison or transport any person or per- 
sons contrary to this Act, or be any ways advising, aiding or assist- 
ing therein, being lawfully convicted thereof, shall be disabled from 
thenceforth to bear any office of trust or profit within the said realm 
of England, dominion of Wales, or town of Berwick upon Tweed, 
or any of the islands, territories or dominions thereunto belonging; 
and shall incur and sustain the pains, penalties and forfeitures lim- 
ited, ordained and provided in and by the Statute of Provision and 
PraemMmre made in the sixteenth year of King Richard the Second ; 
and be incapable of any pardon from the King, his heirs or suc- 
cessors, of the said forfeitures, losses, or disabilities, or any of them. 

Art. 12. Provided always that nothing is this Act shall extend 
to give benefit to any person who shall by contract in writing agree 
with any merchant or owner of any plantation, or other person what- 
soever, to be transported to any parts beyond the seas, and receive 
earnest upon such agreement, although that afterwards such person 
shall renounce such contract. 

Art. 13. Provided always that if any person or persons lawfully 
convicted of any felony shall in open court pray to be transported 
beyond the seas, and the court shall think fit to leave him or them in 
prison for that purpose, such person or persons may be transported 
into any parts beyond the seas, this Act or anything therein contained 
to the contrary notwithstanding. 

Art. 14.^ 

Art. 15. Provided also that if any person or persons at any time 
resiant in this realm shall have committed any capital offence in 
Scotland or Ireland, or any of the islands, or foreign plantations 
of the King, his heirs or successors, where he or she ought to be tried 
for such offence, such person or persons may be sent to such place, 
there to receive such trial in such manner as the same might have 
been used before the making of this Act, anything herein contained 
to the contrary notwithstanding. 

Art. 16. Provided also that no person or persons shall be sued, 
impleaded, molested or troubled for any offence against this Act, un- 

1 Repealed by the StaiMkXe Law Revision Act of 1863. 



GREAT BRITAIN AND IRELAND. 255 

less the party offending be sUed or impleaded for the same within 
two years at the most after such time wherein the offence shall be com- 
mitted, in case the party grieved shall not be then in prison ; and if 
he shall be in prison, then within the space of two years after the 
decease of the person imprisoned, or his or her delivery out of prison, 
which shall first happen. 

Art. 17. And to the intent no person may avoid his trial at the 
assizes or general gaol-delivery, by procuring his removal before the 
assizes, at such time as he can not be brought back to receive his trial 
there, be it enacted that after the assizes proclaimed for that county 
where the prisoner is detained, no person shall be removed from the 
common gaol upon any hdbeas corpus granted in pursuance of this* 
Act, but upon any such habeas corpus shall be brought before the 
judge of assize in open court, who is thereupon to do what to justice 
shall appertain. 

Art. 18. Provided nevertheless that, after the assizes are ended,, 
any person or persons detained, may have his or her habeas corpus^ 
according to the direction and intention of this Act. 

Art. 19. And if any information, suit or action shall be brought 
or exhibited against any person or persons for any offence committed 
or to be committed against the form of this law, it shall be lawful 
for such defendants to plead the general issue, that they are not 
guilty, or that they owe nothing, and to give such special matter in 
evidence to the jury that shall try the same, which matter being 
pleaded had been good and sufficient matter in law to have dis- 
charged the said defendant or defendants against the said informa- 
tion, suit or action, and the said matter shall be then as available 
to him or them, to all intents and purposes, as if he or they had suffi- 
ciently pleaded, set forth or alleged the same matter in bar or dis- 
charge of such information, suit or action. 

Art. 20. And because many times persons charged with petty 
treason or felony, or as accessories thereunto, are committed upon 
suspicion only, whereupon they are bailable, or not, according as the 
circumstances making out that suspicion are more or less weighty, 
which are best known to the justices of peace that committed the 
persons, and have the examinations before them, or to other justices 
of the peace in the county, be it therefore enacted, that where any 
person shall appear to be committed by any judge or justice of the 
peace, and charged as accessory before the fact, to any petty treason 
or felony, or upon suspicion thereof, or with suspicion of petty 
treason or felony, which petty treason or felony shall be plainly and 
specially expressed in the warrant of commitment, that such person 
shall not be removed or bailed by virtue of this Act, or in any other 
manner than they might have been before the making of this Act. 



256 CONSTITUTIONS OF THE STATES AT WAR. 

BILL OF BIGHTS OF 13 fEBBUABT 1689.' 

Article 1. Whereas the Lords Spiritual and Temporal, and Com- 
mons, assembled at Westminster, lawfully, fully and freely repre- 
senting all the estates of the people of this realm, did, upon the 
thirteenth day of February, in the year of our Lord one thousand 
six hundred eighty-eight, present unto their Majesties, then called 
and known by the names and style of William and Mary, Prince and 
Princess of Orange, being present in their proper persons, a certain 
declaration in writing, made by the said Lords and Commons, in the 
words following, viz. : ^ 

All which are utterly and directly contrary to the known laws and 
statutes and freedom of this realm. 

And whereas the said late King James the Second having abdi- 
cated the government, and the throne being thereby vacant, his 
Highness the Prince of Orange (whom it hath pleased Almighty 
God to make the glorious instrument of delivering this kingdom from 
popery and arbitrary power) did (by the advice of the Lords Spir- 
itual and Temporal, and diverse principal persons of the Commons) 
cause letters to be written to the Lords Spiritual and Temporal, being 
Protestants, and other letters to the several counties, cities, universi- 
ties, boroughs, and Cinque Ports, for the choosing of such persons as 
represent them, as were of right to be sent to Parliament, to meet 
and sit at Westminster upon the two and twentieth day of January, 
in this year one thousand six hundred eighty and eight, in order to 
such an establishment, as that their religion, laws and liberties might 
not again be in danger of being subverted ; upon which letters elec- 
tions have been accordingly made. 

And thereupon the said Lords Spiritual and Temporal, and Com- 
mons, pursuant to their respective letters and elections, being now 
assembled in a full and free representation of this nation, taking 
into their most serious consideration the best means for attaining the 
ends aforesaid, do in the first place (as their ancestors in like case 
have usually done), for the vindicating and asserting their ancient 
rights and liberties, declare : 

That the pretended power of suspending of laws, or the execu- 
tion of laws, by regal authority, without consent of Parliament, is 
illegal. 



^An Act declaring the Riffhte and lAhertiea of the Subject and eetleing tfie SuoeeeeUm 

f}f the Crowne fl Williom an4 Manf, »<*a8. 2, c. 2]. The text given here Is reprinted (In 
modern orthography) from The Statutes: Second Revieed Edition, vol. i (London, 1888), 
pp. 690-696. 

' Flere follows the enumeration of twelve complaints of Parliament against the gov- 
«rnroent of the late King James II. These are taken up almost word for word in the 
reply to the several complaints below. 



GREAT BRITAIN AND IRELAND. 257 

That the pretended power of dispensing with laws, or the execu- 
tion of laws, by regal authority, as it hath been assumed and exer- 
cised of late, is illegal. 

That the commission for erecting the late Court of Commis- 
sioners for ecclesiastical causes, and all other commissions and courts 
of like nature, are illegal and pernicious. 

That levying money for or to the use of the Crown, by pretence 
of prerogative, without grant of Parliament, for longer time or in 
other manner than the same is or shall be granted, is illegal. 

That it is the right of the subjects to petition the King, and all 
. commitments and prosecutions for such petitioning are illegal. 

That the raising or keeping a standing army within the king- 
dom in time of peace, unless it be with consent of Parliament, is 
against law. 

That the subjects which are Protestants may have arms for their 
defence suitable to their conditions, and as allowed by law. 

That election of members of Parliament ought to be free. 

That the freedom of speech, and debates or proceedings in Par- 
liament, ought not to be impeached or questioned in any court or 
place out of Parliament. 

That excessive bail ought not to be required, nor excessive fines 
imposed ; nor cruel and unusual punishments inflicted. 

That jurors ought to be duly impanelled and returned, and 
jurors which pass upon men in trials for high treason ought to be 
freeholders.^ 

That all grants and promises of fines and forfeitures of particu- 
lar persons before conviction are illegal and void. 

And that for redress of all grievances, and for the amending, 
strengthening, and preserving of the laws. Parliament ought to be 
held frequently. 

And they do claim, demand and insist upon all and singular the 
premises, as their undoubted rights and liberties ; and that no declara- 
tions, judgments, doings or proceedings, to the prejudice of the 
people in any of the said premises, ought in any wise to be drawn 
hereafter into consequence or example. To which demand of their 
rights they are particularly encouraged by the declaration of his 
Highness the Prince of Orange, as being the only means for obtain- 
ing a full redress and remedy therein. Having therefore an entire 
confidence that his said Highness the Prince of Orange will perfect 
the deliverance so far advanced by him, and will still preserve them 
from the violation of their rights, which they have here asserted, and 
from all other attempts upon their religion, rights, and liberties. 

* " And Jurors . . . freeholders." Repealed by 6 Oeorge IV, c. 50, s. 62. 



258 CONSTITUTIONS OF THE STATES AT WAB. 

The said Lords Spiritual and Temporal, and Commons, assembled 
at Westminster, do resolve that William and Mary, Prince and 
Princess of Orange, be and be declared King and Queen of England, 
France^ and Irehmd, and the dominions thereunto belonging.^ 

Upon which their said Majesties did accept the Crown and royal 
dignity of the Kingdoms of England, France, and Ireland, and the 
dominions thereunto belonging, according to the resolution and de- 
sire of the said Lords and Commons contained in the said declara- 
tion. And thereupon their Majesties were pleased that the said 
Lords Spiritual and Temporal, and Commons, being the two houses 
of Parliament, should continue to sit, and with their Majesties' royal 
concurrence make effectual provision for the settlement of the re- 
ligion, laws and liberties of this Kingdom, so that the same for the 
future might not be in danger again of being subverted; to which 
the said Lords Spiritual and Temporal, and Commons, did agree 
and proceed to act accordingly. Now in pursuance of the premises, 
the said Lords Spiritual and Temporal, and Commons, in Parlia- 
ment assembled, for the ratifying, confirming and establishing the 
said declaration, and the articles, clauses, matters and things therein 
contained, by the force of a law made in due form by authority of 
Parliament, do pray that it may be declared and enacted that all and 
singular the rights and liberties asserted and claimed in the said 
declaration, are the true, ancient and indubitable rights and liber- 
ties of the people of this Kingdom, and so shall be esteemed, allowed, 
adjudged, deemed and taken to be, and that all and every the par- 
ticulars aforesaid shall be firmly and strictly holden and observed, 
as they are expressed in the said declaration; and all officers and 
ministers whatsoever shall serve their Majesties and their successors 
according to the same in all times to come.* All which their Majes- 
ties are contented and pleased shall be declared, enacted and estab- 
lished by authority of this present Parliament, and shall stand, 
remain and be the law of this realm forever; and the same are by 
their said Majesties, by and with the advice and consent of the Lords 
Spiritual and Temi)oral, and Commons, in Parliament assembled, 

» The title of King of France was borne by the King of England up to 1801. 

* Here follow provisions governing the order of succession to the throne, the sup- 
pression of the former oaths of allegiance and supremacj' and the creation of two new 
formulas of oaths (now virtually repealed) intended to replace them. 

' Here follow provisions (now merely matters of historical interest) concerning 
the recognition of the legitimate rights of William and Mary to the Crown of England, 
the establishment of the order of succession to the throne, the eventual exclusioii from 
the throne of all the members of the royal family who might profess the *' Popish ** 
religion or whose spouse might profess this religion, the obligation imposed npon every* 
one called to succession to the throne to repeat audibly on the day of coronation the 
declaration mentioned in 30 Charles II, entitled "An Act for the more effectual preserving 
the King's person and government, by disabling Papists from sitting in either House of 
Parliament*' 



GREAT BRITAIN MTD IRELAND. 259 

and by the authority of the same, declared, enacted or established 
accordingly. 

Art. 2. And from and after this present session of Parliament, no 
dispensation by non obstante oi or to any statute, or any part thereof, 
shall be allowed, but the same shall be held void and of no eflFect, ex- 
cept a dispensation be allowed of in such statute, and except in such 
cases as shall be specially provided for by one or more bill or bills 
to be passed during this present session of Parliament. 

Art. 3.^ 

ACT OF SETTIJEMENT OF 12 JTTNE ITOl.^ 

Article 1.^ 

Art. 2.* 

Art. 3. And whereas it is requisite and necessary that some further 
provision be made for securing our religion, laws and liberties, from 
and after the death of his Majesty and the Princess Anne of Den- 
mark, and in default of issue of the body of the said princess and of 
his Majesty respectively; be it enacted by the King's most excellent 
Majesty, by and with the advice and consent of the Lords Spiritual 
and Temporal and Commons in Parliament assembled, and by the 
authority of the same : 

That whosoever shall hereafter come to the possession of this crown 
shall join in communion with the Church of England as by law es- 
tablished. 

That in case the crown and imperial dignity of this realm shall 
hereafter come to any person, not being a native of this Kingdom of 
England, this nation be not obliged to engage in any war for the de- 
fence of any dominions or territories which do not belong to the 
Crown of England, without the consent of Parliament.*^ 

That no pardon under the Great Seal of England be pleadable to 
an impeachment by the commons in Parliament. 

Art. 4. And whereas the laws of England are the birthright of 
the people thereof, and all the Kings and Queens who shall ascend 
the throne of this realm ought to administer the government of the 
same according to the said laws, and all their officers and ministers 

1 Repealed by the Statute Late Revision Act of 1867 [30 & 81 Victoria, c. 59]. 

^ An Act for the further Limitation of the Crown and better securing the Rights and 
lAherties of the Subject [12 & 13 William III, c. 2]. The text given here is reprinted 
(in modern orthography) from The Statutes: Second Revised Edition, vol. i (London, 
1888), p. 758-762. 

* Establishment of the eventual rights of Princess Sophia, electrix of Hanover, to suc- 
ceed to the crown of England, in default of Princess Anne of Denmark and her line. 

* Exclusion of those who profess the " Popish " religion from eligibility to succeed to 
the throne. 

B Here follow four paragraphs, subsequently repealed. 



260 CONSTITUTIONS O^ THE STATES AT WAB. 

ought to serve them respectively according t6 the same; the said 
Lords Spiritual and Temporal and Commons do therefore further 
humbly pray that all the laws and statutes of this realm for securing the 
established religion and the rights and liberties of the people thereof 
and all other laws and statutes of the same now in force may be rati- 
fied and confirmed, and the same are by his Majesty, by and with 
the ad,vice and consent of the said LfOrds Spiritual and Temporal and 
Commons, and by authority of the same, ratified and confirmed ac- 
cordingly. 



GREECE. 

After a long period of Turkish domination and a few stormy 
years as a republic, Greece was recognized as an independent mon- 
archy on 22 January /3 February 1830 by the Conference of Lon- 
don.^ By the Treaty of London of 25 April/7 May 1832,2 ^j^g j^^^ 
monarchy accepted Prince Otto of Bavaria as King. The latter 
ruled without a Constitution for eleven years, the first six of wiiich 
were under a regency, but a military revolution (3/15 September 
1843) caused him to convene a constituent Assembly at Athens, 
which eventually (4/16 March 1844) adopted a Constitution * mod- 
eled after the French Charter of 14 August 1830 * and the Belgian 
Constitution of 7 February 1831 *^ and admitting the system of bi- 
cameral assembly. The King took the oath to this Constitution on 
18/30 March. 

The revolution of 10/22 October 1862, which overthrew King Otto, 
brought George of Denmark to the throne on 6 June 1863. The fol- 
lowing year a general revision of the Constitution was made (29 
October) by the National Assembly which had chosen the new King. 
The latter took the oath to this Constitution on 16/28 November 
1864.* The Senate was abolished and the legislative power entrusted 
(Article 22) to the King and a single house. A law of 25 Novem- 
ber/7 December 1865 abrogated Articles 83-86 concerning the Coun- 
cil of State. 

In 1911 the Constitution was modified and a substitute for a sec- 
ond chamber was adopted in the reestablishment of the Council of 
State. This Constitution came into force 1/14 June 1911. From 
present indications, it is probable that the Constitution will be re- 
vised again in the near future.^ 

1 French text in British and Foreign Btate Papers, 17 : pp. 191-195. 

* French and English texts in parallel columns in British and Foreign State Papers, 
19 : pp. 33-41 ; English text in Hebtslet^ Map of Europe hy Treaty, vol. i (London^ 
1875), pp. 893-899. 

« French text in British and Foreign State Papers, 32 : pp. 98^1000. 

* French text in British and Foreign State Papers, 17 : pp. 1013-1018. 
» French text in British and Foreign State Papers, 18 : pp. 1052-1065. 

* French translation in British and Foreign State Papers, 56 : pp. 572-584, and F. R. 
Dareste et p. Dabeste^ Les Constitutions modemcs (3d edition, Paris, 1910), vol. ii, 
pp. 301-317 ; and Qerman translation in Paul Poseneb, Die Staatsverfassungen des 
Brdballs (Charlottenburg, 1909), pp. 589-^99. 

^ These .Introductory paragraphs are based upon Darestb, op. oit,, pp. 299-800, and 
PosENER^ op. cit., pp. 587-589. Cf. also The Statesman's Tearhook (1917 and 1918). 

261 



262 CONSTITUTIONS OF THE STATES AT WAB, 

CONSTITUTION OF 1/14 JTJNE 1911.^ 

[Preamble.] 

In the Name of the Holy, Consubstantial and Indivisible Trinity, 
the Second National Assembly of the Greeks in Athens decrees : 

Eeligion. 

Article 1. The Established Religion in Greece is that of the East- 
ern Orthodox Church of Christ. Every other known religion is 
tolerated and the forms of its worship are carried out without hin- 
drance under the protection of the laws, proselytism and all other 
interference with the established religion being prohibited. 

Art. 2. The Orthodox Church of Greece, acknowledging for its 
Head our Lord Jesus Christ, is indissolubly united in doctrine with 
the Great Church in Constantinople and with every other Church of 
Christ holding the same doctrine, steadfastly observing, as they do, 
the holy apostolic and synodal canons and holy traditions; it is 
autocephalous, exercising its sovereign rights independently of every 
other Church, and it is administered by a Holy Synod of Bishops. 
The ministers of all recognized religions are subjected to the same 
superintendence on the part of the State as the ministers of the 
established religion. 

The text of the Holy Scriptures is maintained unchanged; the 
rendering thereof in another form of language without the previous 
sanction of the Great Church of Christ in Constantinople also is 
absolutely prohibited. ^ 

The Public Rights of the Greeks. 

Art. 3. The Greeks are equal in the eye of the law and contribute 
without distinction to the public burdens according to their ability ; 
and only Greek citizens are admissible to all public employments, 
saving the special exceptions introduced by special laws. Citizens 
are those who have acquired or shall acquire the qualifications of 
citizenship in accordance with the laws of the State. Titles of no- 
bility or distinction are neither conferred on Greek citizens nor 
recognized by them. 

Art. 4. Personal liberty is inviolable ; no man may be prosecuted, 
arrested, imprisoned or otherwise confined, except when and as the 
law provides. 

1 Translation taken from a manuscript belon^ring to the TJ. S. Department of State, 
English translation also In the Briiiah and Foreign State Papers, 108 : pp. 482^97. 



GREECE. 263 

Art. 5. Except when taken in the act, no man may be arrested 
or imprisoned without a judicial warrant stating the reason*, which 
must be served at the moment of arrest or detention. He who is 
detained on being taken in the act or on a warrant of arrest must 
be brought without delay before the competent examining judge 
within 24 hours of his arrest at the latest, or, if the arrest occurred 
beyond the limits of the district of the examining judge, within the 
time absolutely necessary for his conveyance. The examining judge 
must, within at the most three days of his appearance, either re- 
lease the person arrested or deliver a warrant for his imprisonment. 
In the event of either of these terms having passed without such 
action, every jailer or other person, civil or military, charged with 
the detention of the arrested person, must release him instantly. 
Those who violate the above provisions are punished for illegal de- 
tention and are obliged to make good any loss sustained by the in- 
jured party and further to indemnify him in a sum of money fixed 
at the discretion of the judge but never less than ten drachmas per 
diem. 

Art. 6. In case of political offenses, the Council of the Judges of 
the Court of Misdemeanors can always, on demand of the person 
detained, allow his release under bail fixed by a judicial order, 
against which an appeal is allowed. In case of these offenses, pre- 
liminary detention can never be prolonged beyond three months. 

Art. 7. No punishment may be inflicted unless previously fixed by 
law. 

Art. 8. No one mav be withdrawn without his consent from the 
[jurisdiction of the] judge assigned to him by law. 

Art. 9. Each individual or many together possess the right, on 
conforming with the laws of the realm, to address petitions in 
writing to the public authorities, who are bound to take prompt 
action and to furnish the petitioner with an answer in writing, in 
accordance with the provisions of the law\ Only after the final 
decision of the authority to whom the petition was addressed, and 
by leave of that authority, may inquiry be made as to responsibility 
on the part of the petitioner for offenses contained in the petition. 

Art. 10. The Greeks have the right to meet quietly and unarmed ; 
only at public assemblages the police may be present. Assemblages 
in the open air may be prohibited, if danger to public security is 
imminent from them. 

Art. 11. The Greeks possess the right of association, conforming 
with the laws of the State, and in no case can the laws subject this 
right to previous permission on the part of the government. 

An association can not be dissolved for infraction of the provisions 
of the law except by a judicial decision. 



264 CONSTITUTIONS OF THE STATES AT WAK. 

Art. 12. The dwelling is inviolable. Domiciliary visits can only 
be made when and as the law directs. 

Offenders against these provisions are punished for abuse of au- 
thority and are boimd fully to indemnify the injured party and 
further to compensate him in a sum of money fixed at the disci^etion 
of the Law Court but never less than one hundred drachmas. 

Art. 13. In Greece human beings may neither be bought nor sold; 
a slave, purchased or otherwise, of every race and religion, is free 
from the time he sets foot on Greek soil. 

Art. 14. Everyone may publish his opinions by speech, by writing 
or by printing, observing the laws of the realm. The press is free. 
Censorship and every other preventive measure is prohibited. The 
seizure of newspapers and other printed treatises whether before or 
after publication is likewise prohibited. Exceptionally seizure after 
publication is permitted on account of insult to the Christian re- 
ligion or to the person of the King, or, in cases determined by law, 
on account of indecent publications manifestly offending public 
decency ; but in such case, within 24 hours, after the seizure, both the 
public prosecutor must submit the case to the Judicial Council and 
the Council must decide whether the seizure is to be maintained or 
withdrawn; otherwise the seizure is de jure raised. Appeal is al- 
lowed against the order only to the publisher of the article seized and 
not to the public prosecutor. 

The publication of news or communications relating to military 
movements or to the fortifications of the country may be prohibited 
in such manner as the law shall direct, under threat of seizure and 
criminal prosecution. In case of seizure the provisions above stipu- 
lated are applied. 

Both the publisher of a newspaper and the author of a reprehensi- 
ble publication relating to private life, in addition to the penalty im- 
posed according to the terms of the criminal law, are civilly and 
conjointly liable fully to redress any loss occasioned and to indem- 
nify the injured party in a sum of money fixed at the discretion of 
the judge but never less than 200 drachmas. 

Only Greek citizens are allowed to publish newspapers. 

Art. 15. No oath may be imposed except in the form provided by 
law. 

Art. 16. Education, which is under the supreme supervision of the 
State, is conducted at the State expense. 

Elementary education is obligatory for all, and is given free by 
the State. 

Private persons and corporations are allowed to establish private 
schools conducted in accordance with the Constitution and the laws 
of the realm. 



GREECE. 265 

Art. 17. No one may be deprived of his property except for the 
public benefit duly proven, when and as the law directs and always 
after indemnification. The indemnification is always fixed through 
the judicial channel. In case of urgency it may be provisionally fixed 
judicially after the beneficiary has been heard or summoned and the 
beneficiary may be obliged, at the discretion of the judge, to give a 
proportionate guarantee in the manner defined by law. Until the 
final or provisional indemnification fixed is paid, all the rights of 
the proprietor are maintained intact, dispossession not being per- 
mitted. 

Special laws settle the details respecting the proprietorship and 
disposal of mines, quarries, archaeological treasures, and mineral 
and running waters. 

Art. 18. Torture and general confiscation are prohibited. Civil 
death is abolished. The penalty of death for political oifenses, ex- 
cept when complicated by other crimes, is abolished. 

Art. 19. No previous permission of the administrative authority is 
required to prosecute public or municipal officials for their punish- 
able acts connected with their service, except in the case of ministers 
for which special provisions are laid down. 

Art. 20. The secrecy of letters is absolutely inviolable. 

The Form of Go\'ernment. 

Art. 21. All powers have their source in the nation and are exer- 
cised in the manner appointed by the Constitution. 

Art. 22. The legislative power is exercised by the King and the 
House of Representatives. 

Art. 23. The right of proposing laws belongs to the House of Rep- 
resentatives and the King, who exercises it through the ministers. 

Art. 24. No proposal regarding an increase of the budgetary ex- 
penditure by salaiy or pension, or in general for the advantage of a 
person, may originate from the House of Representatives. 

Art. 25. A project of law rejected by either of the two Estates pos- 
sessing the legislative power may not be again introduced in the same 
parliamentary session. 

Art. 26. The authentic interpretation of the laws rests with the 
legislative power. 

Art, 27. The executive power belongs to the King, and is exercised 
by the responsible ministers appointed by him. 

Art. 28. The judicial power is exercised by the courts of law, 
and judicial decisions are executed in the King's name. 

88381—19 18 



266 CONSTITUTIONS OF THE STATES AT WAR. 



t 



The King. 

Art. 29. The person of the King is irresponsible and inviolable; 
his ministers are responsible. 

Art. 30. No act of the King is valid, nor is it executed, if it be 
not coimtersigned by the competent minister, who is rendered re- 
sponsible by his signature alone; in case of a change of the whole 
Ministry, if no one of the retiring ministers consent to coimter- 
sign the decree dismissing the old and appointing the new Ministry, 
these are signed by the president of the new Ministry after taking 
the oath on appointment by the King. 

Art. 31. The King appoints and dismisses his ministers. 

Art. 32. The King is the highest authority of the State. He com- 
mands the land and sea forces, declares war, concludes treaties of 
peace, alliance and commerce, and communicates them to the House 
of Representatives with the necessary explanations as soon as the 
interest and the security of the State allow it. Nevertheless treaties 
of commerc^e and any others granting concessions concerning which 
according to other provisions of the present Constitution nothing can 
be determined without a law, or which lay a burden upon Greeks per- 
sonally are not valid without the consent of the House of Representa- 
tives. 

Art. 33. No cession or exchange of territory can take place with- 
out a law. The secret articles of a treaty can never subvert the open 
articles. 

Art. 34. The King confers military and naval rank in accordance 
with the law ; he appoints and dismisses public officials also according 
to the law, saving the exceptions determined by law, but he can not 
appoint an official to an office not [already] established by law.. 

Art. 35. The King issues the necessary decrees for the execution 
of the laws ; but he can never delay the operation, nor except any one 
from the execution of the law. 

Art. 36. The King sanctions and publishes the laws voted by the 
House of Representatives. A law not published within two months 
of the conclusion of the session is null. 

Art. 37. The King convokes the House of Representatives in ordi- 
nary session once a year, and in extraordinary session as often as he 
deems expedient ; he opens and closes each session either in person or 
by deputy, and he has the right of dissolving the House of Represen- 
tatives, but the decree of dissolution, countersigned by the Ministry, 
must at the same time include the convocation of the electors within 
45 days and of the House of Representatives within three months. 

Art. 38. The King has the right, once only, to suspend the labors 
of a legislative session, either by postponing the opening or by inter- 
rupting the continuance of those labors. 




GREECE. 267 

The suspension can not exceed 30 days, nor can it be renewed dur- 
ing the session without the consent of the House. 

Art. 39. The King has the right to pardon, commute and diminish 
the punishments awarded by the courts of law, saving in the case of 
the provisions concerning ministers; he has moreover the right to 
grant amnesty only in the case of political crimes under the respon- 
sibility of the Ministry. 

Art. 40. The King has the right to confer the established decora- 
tions in accordance with the provisions of the law relative to this 
subject. 

Art. 41. The King has the right to coin money according to law. 

Art. 42. The Eoyal Civil List is fixed by law; the annual Civil 
List of King George I, in which is included the sum voted by the late 
Ionian Parliament, is fixed at 1,125,000 drachmas. This amount may 
be increased after ten years by a law.^ 

Art. 43. King George after signing the present Constitution will 
take the following oath before the present National Assembly : 

I swear in the name of the Holy, Consubstantial and Indivisible Trinity to 
defend the established religion of the Greeks, to guard the Constitution and the 
laws of the Greek nation, and to preserve and protect the national independence 
and integrity of the Greek State. 

Art. 44. The King has no other powers than those expressly as-, 
signed to him by the Constitution and the special laws consistent 
with it. 

Succession and Regency. 

Art. 46. The Greek Crown and its constitutional rights are heredi- 
tary, and pass to the legitimate and lawful descendants of King 
George I in direct line by order of primogeniture, preference being 
given to the males. 

Art. 46. If no successor exist in accordance with the above stipu- 
lations, the King appoints one with the consent of the House of Rep- 
resentatives, convoked for the purpose, [and deciding] by the vote 
of two thirds of the total number of representatives and by open 
voting. 

Art. 47. Every successor to the Greek throne must profess the re- 
ligion of the Eastern Orthodox Church of Christ. 

Abt. 48. The crowns of Greece and of any other State whatever 
can never be united on the same head. 

Art, 49. The King attains his majority on completing the eight- 
eenth year of his age. Before ascending the throne he takes the 
oath comprised in Article 43 in the presence of the ministers, of the 
Holy Synod, of the representatives [present] in the capital and of 

^ This amount was Increased about two yean later to 2,000,000 drachmas. 



268 CON^STITUTIONS OF THE STATES AT WAB. 

the other higher authorities. The King convokes the House of Repre- 
sentatives within two months at the most, and repeats the oath be- 
fore the representatives. 

Art. 50. In case of the King's death, if the successor be a minor 
or absent, and there be no Eegent already appointed, the House of 
Representatives, even if its term have expired or it have been dis- 
solved, assembles without summons on the tenth day at latest after 
the King's death. The royal constitutional power is exercised by 
the Ministerial Council under in its own responsibility until the 
Regent have taken the oath or the successor have arrived. A special 
law will regulate the details concerning the Regency. 

Art. 51. If, when the King dies, his successor be a minor, the 
House of Representatives, even if its terms have expired or it have 
been dissolved, assembles to choose a guardian ; but a guardian is only 
chosen when none such is named in the will of the deceased King, or 
when the infant successor has not a mother remaining in her widow- 
hood, who is then called as of right to the guardianship of her child. 
The guardians of the infant King, whether appointed by will or 
chosen by the House of Representatives, must be a Greek citizen of 
the Eastern faith. 

Art. 52. In case of a vacancy of the throne the House of Repre- 
sentatives, even if its term have expired or it have been dissolved, 
provisionally elects a Greek citizen of the Eastern faith as Regent, 
and the Ministerial Council exercises under its own responsibility the 
royal constitutional power in the name of the nation until the 
Regent have taken the oath ; within two months at the latest repre- 
sentatives equal in number to the members of the House are elected 
by the citizens, and these, meeting in one body with the House of 
Representatives, choose a King by a majority of two thirds of the 
whole number and by open voting. 

Art. 63. If the King owing to sickness deem necessary the estab- 
lishment of a Regency, he convokes the House with this object 
and invites through the- Ministry [the passing of] a special law to 
this effect. If the King is not in a state to reign, the Ministerial 
Council convokes the House of Representatives, and the House when 
it meets, if it recognizes the necessity by a majority of three fourths 
of the votes, chooses a Regent and, if necessary, a guardian, by open 
voting. 

A special law will settle the details concerning a Regency in case 
of the absence of the King from the Kingdom. 

The House or Representatives. 

Art. 54. The House of Representatives assembles annually by 
inherent right on the 1st of October [old style] in regular session foi 



GREECE. 269 

the business of the year unless the King convoke it for this business 
earlier in conformity with Article 37. 

The duration of each regular session may not be less than three 
months, in which the period of suspension according to Article 38 
is not computed. 

Art. 55. The House of Kepresentatives sits in public in the Par- 
liament House, but may debate with closed doors on the demand of 
the members if it be so decided in secret sitting by* a majority, and 
afterwards it decides whether the debate on the same subject ought 
to be resumed in public sitting. 

Art. 56. The House of Representatives can not debate without 
the presence of at least one third of the total number of its members, 
nor can it take any decision without an absolute majority of the mem- 
bers present, which majority can in no case be less than four fifths 
of the minimum number of the quorum. 

In case of an equality of votes, the motion is rejected. 

Art. 57. No project of law is adopted unless it have been dis- 
cussed and voted by the House of Representatives, once in principle 
and twice article by article and as a whole, on three different days. 

After the vote in principle, the project under discussion is sent to 
a committee of the House, if it has not been previously so sent or if 
it has not been elaborated by the Council of State ; and after it has 
been revised by the committee, or the period fixed for that purpose 
has expired, the debate article by article follows in different sittings 
not less than two days apart from each other. But in exceptional 
circumstances the House may, declaring the project urgent, abstain 
from sending it to a committee and may reduce to one day the 
interval between the two discussions article by article. 

If amendments are admitted at the time of the last discussion, the 
vote of the project as a whole is postponed until what has been voted 
has been printed and distributed as amended. 

The voting of judicial codes previously prepared by special com- 
mittees constituted by special laws may take place by means of a 
particular law sanctioning the said codes as a whole. The project 
of such a law may not be declared urgent. 

The codification of existing provisions by simple rearrangement, 
or the entire reenactment of repealed laws, except laws relating to 
taxation may be effected in the same manner. 

Art. 58. No one without a summons may present himself before 
the House of Representatives to make any statement verbally or in 
writing, but petitions are presented by a member or deposited at the 
office. The House has the right to send the petition addressed to it 
to the ministers, who are bound to give explanations whenever they 
are demanded ; the House can also appoint from among its members 
committees to examine the subjects. 



270 CONSTITUTIONS OF THE STATES AT WAB. 

Abt. 59. No tax can be imposed or collected without a law. Ex- 
ceptionally, in the case of imposition or increase of an import duty 
the collection of it is permitted from the date of the presentation to 
the House of the project concerning it, upon the express condition 
of the publication of the law at latest within ten days of the close of 
the parliamentary session. 

Abt. 60. In its annual ordinary session the House of Bepresenta- 
tives votes for the ensuing financial year the strength of the military 
and naval forces, the conscription for the army and navy, and the 
budget, and decides concerning the final accounts. All the revenue 
and expenditure of the State must be shown in the budget and in 
the final accounts. 

The budget is brought into the House within the first two months 
of the session, and after being examined by a special committee of 
members, it is voted in one reading chapter by chapter and article by 
article, in sections to be settled in the regulations of the House, and 
on four different days, but a division by roll call is to be taken on 
the total estimates of each ministry. 

The. final account of the last financial year is brought into the 
House within a year at latest after its close. It is examined by a 
special committee of members, and is voted by the House in the man- 
ner to be settled in its regulations. 

Aht. 61. No salary, pension, allowance or remuneration is in- 
scribed in the budget of the State, or is granted, without an organic 
or other special law. 

Art. 62. A representative can not be prosecuted, nor in any way 
questioned on account of an opinion or vote given by him in the 
exercise of his duty as a representative. 

Art. 68. During the parliamentary session a representative can 
not be prosecuted, arrested or imprisoned without the leave of the 
body; such leave is not required in case of discovery in fiagrarUe 
delicto. Personal detention can not be exercised against a repre- 
sentative during the parliamentary session, four weeks before its be- 
ginning and three after its termination. 

If a representative change to be undergoing personal detention he 
is released without four weeks before the beginning of the session. 

Art. 64. Before beginning their duties the representatives take the 
following oath in the Parliament House and in public sittings : 

I swear in the name of the Holy, Consiibstantlal and Indivisible Trinity to 
observe fidelity to the country nnd to the Constitution and the laws of the State, 
and conscientiously to fulfill my duties. 

Representatives belonging to other religions, instead of the Invoca- 
tion "in the name of the Holy, Consubstantial and Indivisible 
Trinity," swear according to the formula of their own religion. 



QBEEOE. 271 

Art. 65. The House of Representatives determines by its regula- 
tions the manner of fulfilling its duties. 

Akt. 66. The House of Representatives is composed of representa- 
tives chosen by the citizens having the right to elect by direct, uni- 
versal and secret suffrage. 

The parliamentary elections are ordered and carried out simul- 
taneously throughout the realm. 

Art. 67. The representatives represent the nation and not only the 
electoral district by which they are returned. 

Art. 68. The number of representatives from each electoral dis- 
trict is fixed by law in proportion to the population. But the total 
number of representatives can never be less than 150. 

Art. 69. The representatives are elected for four consecutive years, 
commencing from the date of the general elections; and at the end 
of the quadrennial parliamentary period the holding of general par- 
liamentary elections is ordered. Within 45 days from the holding 
of these elections the House of Representatives is obligatorily sum- 
moned to an ordinary sesion only if the late House have not fulfilled, 
for the year in which the elections were held, the stipulations of 
Article 60. 

A representative's seat vacated during the last year of the period 
is nol filled, provided that the number of vacancies do not exceed 
one fourth of the total number of representatives. 

Art. 70. To be elected representative it is necessary to be a Greek 
citizen, to have completed the 25th year and to be lawfully qualified 
to elect. 

A representative who loses these qualifications is ipso fdcto de- 
prived of the character of representative. Should doubt arise upon 
this point the House of Representatives decides. 

Art. 71. Salaried public servants, military men on the active list, 
mayors, notaries, custodians of mortgages and deeds of transfer, and 
process-servers can not be elected representatives unless they have 
resigned their functions before the day of nomination of candidates. 

The duties of a representative are incompatible with the business 
of a manager or other representative, director or salaried legal ad- 
viser or employee of mercantile societies or undertakings enjoying 
special privileges or a regular subvention in virtue of a special law. 

Those who belong to one of those catagories must within eight 
days of the validation of their election declare their choice between 
the position of representative and their business as above; in de- 
fault of such declaration they ipso facto lose the position of repre- 
sentative. 

The incompatibility of other business also with the character of a 
representative may be established by law. 



272 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 72. Eepresentatives undertaking any one of the duties or 
businesses referred to in the preceding article ipso facto lose the 
character of a representative. 

Art. 73. The examination and the trial of parliamentary elec- 
tions against the validity of which objections are raised refer- 
ring either to electoral irregularities in the course of them 
or to the absence of qualifications (in the elected candidate) are 
referred to a special tribunal chosen by lot from among all the 
members of the Areopagus [Court of Cassation] and of the Courts 
of Appeal of the realm. The drawing of lots is effected by the 
Areopagus in public sitting, and the presidency of the special tri- 
bunal is occupied by the member who takes precedence by rank or 
seniority. The details with regard to its functions and to its entire 
procedure will be settled by a law. 

Resignation of the representative character is the right of the 
representative. 

Art. 74. The House of Representatives elects from among its mem- 
bers at the beginning of each parliamentary session its president, its 
vice-presideftt and its secretaries. 

Art. 75. Representatives resident at Athens and the Piraeus re- 
ceive as compensation from the public treasury at the beginning of 
every quarter 800 drachmas [$160] ; the rest 1,000 drachmas [$200]. 

An additional allowance of 250 drachmas a month is granted to the 
regular president of the House of Representatives for contingent ex- 
penses. 

In no circumstances is any other compensation granted to represen- 
tatives for the fulfilment of their duties. 

Art. 76. In case of absence of a representative for more than five 
sittings per month without the leave of the House, during an ordi- 
nary or extraordinary session, 20 drachmas for each sitting are re- 
tained out of the above compensation. 

The Ministers. 

Art. 77. No member of the royal family can be appointed min- 
ister. 

Art. 78. The ministers have free entrance to the sittings of the 
House of Representatives, and are listened to whenever they demand 
a hearing; but they only vote if they are members. The House can 
require the presence of ministers. 

Art. 79. In no case can an order from the King, whether written 
or verbal, release the ministers from responsibility. 

Art. 80. The House of Representatives has the right to impeach 
ministers, in accordance with the laws concerning ministerial respon- 
sibility, before the tribunal ad hoc presided over by the president of 



GREECE, 2 73 

the Areopagus [Court of Cassation] and composed of 12 jxidjses 
drawn by lot by the president of the House in public sittincr fix>m 
among all the members and president of the Courts of the Areopagus 
and of Appeal already appointed before the impeachment, in the 
manner more specifically determined by the law. 

Art. 81. The King can pardon a minister, condemned acci^rding 
to the above provisions, only with the consent of the House of Rep- 
resentatives. 

The CorxcUi or State. 

Art. 82. To the province of the Council of State belong par- 
ticularly : 

1. The elaboration of projects of law and of decrees containing 

regulations. 

2. The decision of differences, concerning a contested adminis- 
trative act, which are submitted to it by law. 

3. The invalidation on petition, for infi'ingement of the law, of 
acts of the administrative authorities, in accordance with details more 
particularly fixed in the law. 

4. The supreme disciplinary jurisdiction over irremovable ad- 
ministrative officials according to the laws dealing with that subject. 

In cases provided for in Paragraphs 2, 3 and 4, Articles 02 and 93 
of the Constitution apply. 

Art. 83. The Council of Ministers decides what projects of law 
shall be entrusted to the Council of State for elaboration before they 
are presented to the House of Representatives. The House may refer 
to the Council of State the projects submitted to it. 

The budget is never referred to the Council of State. 

Art. 84. Decrees containing regulations are issued after opinion 
given by the Council of State, which pronounces within a suitable 
period fixed by the competent minister ; should this period pass with- 
out any action being taken, the decree is issued without [the Coun- 
cil's] opinion. 

The opinion of the Council of State is not binding on the 
minister. 

Art. 85. The members of the Council of State are ordinary and 
extraordinary. The number of them is fixed by law, but that of 
ordinary members can not be less than 7 nor more than 15, nor 
that of extraordinary members more than 10. The extraordinary 
members are chosen from among the superior public servants of the 
State other than judicial, at an additional salary fixed by the law. . 

Art. 86. The ordinary members of the Council of State are ap- 
pointed by royal decree on the proposal of the Ministerial Council. 
The term of service is ten years, and those who have completed their 



274 COl^STITUTIONS OF THE STATES AT WAB. 

service may be reappointed. But on the first establishment of the 
Council of State the term of service, as regards one third to be 
chosen by lot, shall be considered to be at an end on the comple- 
tion of the eighth year of its activity as regards the second third 
on the completion of the tenth, and as regards the last third on the 
completion of the twelfth year. 

The duties of the ordinary members of the Council of State are 
incompatible with the duties of any other public, communal or 
ecclesiastical oflScial with the exception of those of professor of legal 
and political sciences in the National University and those of min- 
ister; but the simultaneous exercise of the functions of minister 
and councillor of State is never permitted. 

A special law shall regulate the qualifications of the ordinary 
members of the Council of State, the conditions of their retirement 
during their term of service, the details of an auxiliary staff, and 
everything relating to the organization and working of the Council 
of State. 

The Judicial Power. 

Art, 87. Justice is a^inistered by judges appointed by the King 
according to the law. 

Art. 88. The members of the Areopagus [Court of Cassation], 
Courts of Appeal and Courts of First Instance are appointed fop 
life, and the public prosecutors, their substitutes, justices of the 
peace, special magistrates, clerks and assistant clerks of the courts 
and of the public prosecutors' oflSces, notaries and custodians of 
mortgages and deeds of transfer are irremovable, so long as their 
respective service exist. Judicial functionaries enjoying life tenure 
or irremovability can not be dismissed without a judicial sentence 
consequent either upon a criminal conviction, upon disciplinary 
faults, or upon illness or incapacity, attested in such manner as the 
law shall direct, and the provisions of Articles 92 and 93 being 
observed. 

They retire obligatorily from the service on the completion of the 
limit of age fixed by law, which for the members of the Areopagus 
can not be higher than the 75th nor lower than the 65th year, and 
for all other salaried judicial officials not higher than the 70th nor 
lower than the 60th year. 

Until the passing of a new special law concerning an age limit all 
the above salaried judicial officials retire on the completion of their 
. 65th year. 

Art. 89. The qualifications of judicial officials in general are fixed 
by law. 



GBSEGE. 275 

Art. 90. Judicial officials, except assistant clerks, appointed for 
life or irremoyable are placed, transferred and promoted by a Su- 
preme Judicial Council, composed of members of the Areopagus in 
such manner as is directed by law. 

Promotion to the posts of president, vice-president and public 
prosecutor of the Areopagus is not within the province of the Su- 
preme Judicial Council. 

Art. 91. Judicial committees and extraordinary tribunals under 
whatsoever name are not allowed to be set up. 

A special law shall regulate, for the eventuality of a state of war 
or of a general mobilization on account of external dangers, the de- 
tails of the temporary total or partial suspension of Articles 5, 6, 10^ 
11, 12, 14, 20 and 95 of the Constitution, of the proclamation of a 
state of siege and of the establishment and worl^ng of exceptional 
tribunals. The said law can not be modified during the course of the 
labors of the House of Bepresei\|tatives summoned for the purpose 
of putting it into operation. It is put into operation as regards all 
or some only of its provisions, throughout the whole realm or part 
of it, by a royal decree issued with the consent of the House of 
Bepresentatives. 

If the House is not in session the law may be put into operation 
without its consent by a royal decree countersigned by the whole 
Ministerial Council. By the same royal decree, imder penalty of 
its invalidity, the House of Bepresentatives is summoned to meet 
within five days, even if its term have expired or if it have been dis- 
solved, in order that by an act of its own it may decide as to the 
maintenance or the withdrawal of the provisions of the royal de- 
cree. The parliamentary immunity of Article 68 commences from 
the publication of the royal decree. 

The application of the above royal decree is extended, in the case 
of war, no longer than the termination of it, and in the case of 
mobilization it is automatically raised after two months if in the 
meantime its validity have not been extended by further consent of 
the House of Representatives. 

Art. 92. The sittings of the courts of law are public, except when 
publicity would be injurious to good morals or public order, but then 
the courts must issue a decision to that effect. 

Aht, 93. Every judgment must be specially reasoned and must be 
pronounced in public sitting. 

Art. 94. The jury system is retained. 

Art. 95. Political offenses are tried by juries, as well as press 
offenses, when they do not concern private life. 



276 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 96. A judge is not allowed to accept additional salaried serv- 
ice, except that of professor in the University. 

Akt. 97. The details concerning military or naval courts martial, 
piracy, barratry and prize courts are regulated by special laws. 

The Court of Accounts. 

Art. 98, The members and assessors of the Court of Accounts are 
appointed for life and are only dismi^ed under the conditions of 
Article 88, but they obligatorily retire from the service upon attaining 
the age limit fixed by the law, which can not be higher than the 75th 
nor lower than the 65th year. The qualifications of the members 
and assessors of the Court of Accounts are fixed by law. 

General Provisions. 

Art. 99. Without a law foreign troops can not be received into 
the Greek service, nor remain in the State nor pass through it. 

Art. 100. Only when and as the law directs can military and naval 
men be deprived of their rank, honors and pensions. 

Art. 101. Contested administrative cases continue to be carried be- 
fore the ordinary tribunals, by which they are judged as urgent, ex- 
cepting those questions for which special laws set up administrative 
tribunals by which the provisions of Articles 92 and 93 are to be 
observed. Pending the publication of special laws the existing laws 
concerning administrative jurisdiction remain in force. 

Petitions of final appeal against the decisions of the administrative 
tribunals belong exclusively to the jurisdiction of the Council of 
State from the moment when it shall have begun to perform its 
functions. Conflicts [of jurisdiction] between judicial and admin- 
istrative authorities or between the Council of State and administra- 
tive authorities are judged by the Areopagus, until a special law shall 
have established to try them a mixed tribunal composed of equal 
numbers of the Areopagus and ordinary Councillors of State, under 
the presidency of the Minister of Justice or his substitute designated 
by the law. 

Art. 102. The qualifications of administrative officials in gen- 
eral are fixed by law. 

When the Council of State shall have begun to perform its func- 
tions, the above officials are irremovable from the date of their 
definitive appointment so long as their respective services exist; 
except in the cases of dismissal in virtue of a judicial decision, they 
are not transferred without an affirmative opinion, nor are they 
discharged or degraded without a special decision of a council or- 
ganized according to law, and composed, as regards at least two 
thirds of its members, of irremovable officials. Against such de- 



GREECE. 277 

cision recourse to the Council of State is permitted in the manner 
more particularly laid down in the law. 

Exceptions from the qualifications and the irremovability |of 
public officials] may be made in the cases of envoys and diplo- 
matic agents, consuls general, secretaries general of ministries, pri- 
vate secretaries to ministers, prefects, the Royal Commissioner to the 
Holy Synod, and the Director General of Posts and Telegraphs. 

Abt. 103. Charges of wrongful administration of justice against 
members of the Areopagus, life members of the Court of Accounts 
and ordinary Councillors of State are tried before a special tri- 
bunal of five members, composed in such manner as the law directs 
[of persons] chosen by lot from among those three bodies, from 
advocates members of the Supreme Disciplinary Council, and from 
the professors of the faculty of law of the University, one mem- 
ber being taken from each body. 

Before this tribunal are also brought all preparatory proceed- 
ings ; and no other permission is required. 

The same tribunal may also be empowered by law to try charges 
of wrongful administration of justice against judges of first in- 
stance, judges of appeal and public prosecutors. 

Akt. 104. The disciplinary authority over the members of the 
Court of Accounts, the Areopagus, and the Council of State is also 
exercised by a Council composed of two members of each of those 
bodies and two professors of the faculty of law of the University,, 
all chosen by lot, under the presidency of the Minister of Justice. 

As occasion requires, those of the members of the Council are loft 
out who belong to the body upon whose proceedings the Council is 
called upon to pronounce, whether the whole of it or some only of 
its members are implicated. 

Art. 105. The election of the municipal authorities is effected by 
universal suffrage. 

Art. 106. Every Greek, capable of bearing arms, is under obliga- 
tion to contribute towards the defense of the country according to the 
terms of the laws. 

Art. 107. The official language of the State is that in which the 
texts of the Constitution and of the Greek legislation are drawn up ; 
any attempt to corrupt it is prohibited. 

Art. 108. The revision of the whole of the Constitution is not 
permitted. 

Ten years after this provision has taken effect a revision of the 
non- fundamental provisions of the Constitution is permitted, when- 
ever the House of Representatives, through two thirds of the total 
number of its members, demands it by a special act, particularly 
defining the provisions to be revised, and voted on two separate 
occasions distant not less than one month from one another. 



278 CONSTITUTIONS OF THE STATES AT WAR. 

The revision having been decided on, the existing House of Rep- 
resentatives is ipso facto dissolved and a new one is convoked, which 
during its first session takes a decision upon the articles to be re- 
vised, by an absolute majority of the total number of its members. 

Art. 109. All laws and decrees, in so far as they are in contra- 
diction with the present Constitution, are repealed. 

Art. 110. The present Constitution takes effect as soon as it has 
been signed by the King, and the Ministerial Council must publish 
it in the Official Gazette within 24 hours of the signature. 

Any revision of the non-*fundamental provisions of the Constitu- 
tion which is voted, is promulgated and published through the Of- 
ficial Gazette within ten days of its being voted by the House of 
Representatives, and is put into operation by a special resolution [of 
the House]. 

Art. 111. The preservation of the present Constitution is com- 
mitted to the patriotism of the Greeks. 



GUATEMALA. 

Guatemala was one of the five nations forming the Central Amer- 
ican Federation, and under the Federal Constitution of 22 November 
1824^ was given a separate Constitution. After the dissolution of 
the federal agreement, Rafael Carrera organized a separate govern- 
ment for the State of Guatemala and caused to be sanctioned by an 
assembly in the month of October, 1851, a " Constitutive Act of the 
Republic of Guatemala," which was amended on 29 January 1886. 
After the death of Carrera (14 April 1865) two attempts were made 
at constitutional reform, but neither accomplished lasting results. 
The present Constitution dates from 11 December 1879; it was modi- 
fied in 1885, 1887, 1889, 1893, 1897 and 1903.* 



CONSTirirTIOir of ll DECEMBEB 1879.' 

[PREAMBIiE.] 

We, the representatives of the sovereign people of Guatemala, 
lawfully called together and assembled in sufficient number, do 
hereby decree and sanction the fundamental laws which, united in 
a single body, form the following Constitution of the Republic. 

* 

TnLE I. — ^Thb Nation and its Inhabitants. 

Article 1. Guatemala is a free, sovereign and independent na- 
tion. The exercise of its sovereignty is delegated to the authorities 
established by the Constitution. 

Art. 2. Guatemala shall maintain and cultivate intimate family 
and reciprocal relations with the other Republics of Central 
America. And whenever the Central American nationality should 
be again brought into existence in a stable, just, popular and suitable 
manner, the Republic of Guatemala shall be ready to become a part 

thereof. 

^^^— ~— ^— ^^— ^^^^^— I ■ I ■ I ■ ■ ■ I .1.1 ij^^-^^^-^^iii.^-^.^ 

^ Bngllsli translation In the British and Foreign State Papers, 18 : pp. 725-747. 

*Thi8 introductory paragraph is based upon F. R. Dabbstb bt P. Dabbsti, Les Con- 
atitutiane modemea (8d edition, Paris, 1910), toI. iz, pp. 661-662. 

* Spanish text and English translation of this Constitution and Transitory Provisions 
in parallel columns in J. I. Bodrzoubz, American OonetitutUme (Washington, 1900), 
vol. I, pp. 236-268. English translation in the British and Foreign Btate Papers, 70 : 
pp. 860-879, and 78: pp. 1007-1012, respectively. The translation given here Is based 
upon the one in Rodbigubz. 

279 



280 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 3. The supreme power of the nation is republican, demo- 
cratic and representative, and is divided, as to its exercise, into the 
legislative, executive and judicial powers; it shall be entirely inde- 
pendent in the exercise of its functions. 

Art. 4. Guatemalans are divided into native and naturalized. 

Art. 5. The following are native Guatemalans: 

1. All those born or who may be bom hereafter in the territory 
of the Republic, no matter what the nationality of their fathers may 
be, with the exception of the children of diplomatic agents. 

2. Children of Guatemalan fathers or illegitimate children of 
Guatemalan mothers born in a foreign country, from the moment in 
which they establish their residence in the Republic ; and even with- 
out this condition when, according to the laws of the place of birth, 
the nationality of Guatemala corresponds to them, or when, having 
the right to choose, they adopt Guatemalan citizenship. 

Abt. 6. Natives of the other Central American Republics who de- 
clare before competent authority their desire to become Guatemalans, 
shall be considered native Guatemalans. 

Art. 7. The following are naturalized Guatemalans : 

1. Spanish- Americans domiciled in the Republic, if they do not 
desire to retain their own nationality. 

2. All other foreigners who have been naturalized in conformity 
with previous laws. 

3. Those who obtain naturalization papers according to law. 
Art. 8. The foUowinsr are citizens: 

1. Guatemalans over 21 years of age who know how to read and 
write, or who have an income, industry, trade or profession providing 
them with means of subsistence. 

2. All those over 18 years of age who belong to the army, 

3. All those over 18 years of age who have received a literary 
degree or title in a national establishment. 

Art. 9. The rights inherent to citizenship are : 

1. The electoral right. 

2. The right to aspire to public office when the law requires citi- 
zenship as a qualification therefor. 

Art. 10. When the law requires citizenship as a qualification for 
the exercise of any public function, the said function may be en- 
trusted to foreigners who have all the other qualifications required 
by the same law ; by the fact of their acceptance of the position they 
shall become naturalized citizens. 

Art. 11. Citizenship is suspended, lost or recovered according to 
law. 

Art. 12. The following are the duties of Guatemalans : 
1. To serve and defend the country. 



GUATEMALA. 281 

2. To obey the laws, respect the authorities and comply with tho 
regulations of the police. 

3. To contribute in the manner established by law to meet the 
public expenses. 

Art. 13. Foreigners, from the moment of their arrival in the ter- 
ritory of the Republic, are strictly bound to respect the authorities 
and observe the laws, and acquire the right to be protected by them. 

Akt. 14. Neither Guatemalans nor foreigners shall have in any case 
the power to claim from the government indemnification for dam- 
ages or injuries done to their persons or property by revolutionists. 

Akt. 15. Foreigners are bound to comply with the police laws and 
regulations, and to pay the local taxes, as well as all other taxes levied 
or to be levied hereafter, whether heavier or lighter, on commerce, 
industry, profession or property owned or possessed. 

TrriiE II. — Guarantees. 

Art. 16. The authorities of the Republic are established to pro- 
tect the inhabitants in the enjoyment of their rights, which are, 
liberty, equality, security of person, of h(Hior and of property. 

Art. 17. All power is originally vested in the nation. Officials 
are not the owners but the depositaries of the authority, subject to 
the law and never superior to it, and always responsible for their 
official conduct. 

Art. 18. Primary instruction is compulsory; the instruction fur- 
nished by the nation is laical and gratuitous. 

Art. 19. All persons are free to enter, remain in and leave the ter- 
ritory of the Republic, except in the cases determined by law. 

Art. 20. Industry is free. The author or inventor enjoys the 
ownership of his work or invention for a period of time not exceed- 
ing 15 years, but literary property is perpetual. 

The executive may grant concessions for a term not exceeding 
10 years to those who introduce or establish new industries in the 
Republic. 

Art. 21. All persons may freely dispose of their property, pro- 
vided that by so doing they do not violate any law. 

Entailments of property, however, and every endowment {institvr 
don) in favor of dead hands, are absolutely forbidden, excepting 
only those made in favor of charitable establishments. 

Art. 22. The inhabitants of the Republic, whether nationals or 
foreigners, may direct their petitions to the authorities. 

Armed forces shall not deliberate or exercise the right of petition. 

Art. 23. The inhabitants of the Republic have free access to the 
courts of the country to exercise their actions in the form prescribed 

88381—19 19 



282 CONSTITUTIONS OF THE STATES AT WAR. 

by the laws. Foreigners shall not resort to diplomatic action except 
in case of denial of justice. For this purpose, the fact that a judg- 
ment obtained is not favorable to the claimant shall not be under- 
stood as a denial of justice. 

Art. 24. The exercise of all religions, without preference for 
any particular one, is guaranteed in the interior of the temples ; but 
this free exercise shall not be extended to the performance of acts 
subversive of or practices inconsistent with peace and public order, 
nor shall it give right to oppose the fulfillment of civil and political 
obligations. 

Art. 26. The right of association and of peaceful assembly with- 
out arms is guaranteed, but the establishment of conventual congre- 
gations and all kinds of monastical institutions or associations is 
forbidden. 

Art. 26. The expression of ideas, verbally, in writing, or through 
the press, without previous censorship, is free. Anyone abusing this 
right shall be responsible for it before the law. A jury shall take 
cognizance of all offenses and crimes committed through the press. 

Art. 27. All the inhabitants of the Republic are free to give or 
receive the instruction which they may prefer, in establishments not 
supported with funds of the nation. 

Art. 28. Property is inviolable; its expropriation shall only be 
ordered upon legal proof that the public interests are subserved 
thereby, and in this case the owner, before his property is seized, 
shall receive its just value in cash. 

In case of war the indemnity need not be previous. 

Art. 29. Services not to be rendered gratuitously under a law, or 
under a judicial decision founded on law, shall be justly remunerated. 

Art. 30. No one shall be detained or imprisoned except by reason 
of crime or offense. The law determines the cases and the formalities 
for proceeding to detention or arrest. 

Art. 31. Every detained person shall be examined within 48 hours; 
the detention shall not exceed five days; and within this period the 
authority which ordered it shall either give the reason for the war- 
rant of imprisonment or discharge the prisoner. 

Art. 32. No one shall be kept in solitary confinement except in the 
cases, for the time and with the formalities established by law ; nor 
shall anyone be subject to restrictions not indispensable for his safe- 
keeping. 

Art. 83. No warrant of imprisonment shall be issued without the 
summary information, previously obtained, that an offense punish- 
able with corporal or pecuniary penalty has been committed and 
without present reasons legally sufficient for believing that the de- 
tained person is the delinquent. 



QUATEMALA. 283 

Art. 34. The -Constitution recognizes the right of habeas corpus^ 
or let the prisoner be produced.^ 

Art. 35. No one shall be compelled to testify against himself, his 
consort^ ascendants, descendants, or brothers or sisters. 

Art. 36. The defense of persons or rights before the courts is in- 
violable, and no one shall be tried by special tribunals. 

Art. 37. The correspondence of every person and his private 
papers are inviolable. Only by order of the competent judge shall 
the former be detained and opened or the latter seized, in the cases 
and with the formalities required by law. 

Art. 38. Domicile is inviolable. The law determines the formali- 
ties and the cases in which the domicile can be rightfully entered. 

Art. 39. When the territory of the nation is invaded or attacked, 
or when public tranquility is in any way threatened, the President, 
with the advice of the Council of Ministers, shall suspend, by means 
of a decree, the individual guarantees described in this title, and he 
shall then state whether the suspension embraces the whole Republic 
or only one or more departments of the same ; he shall also report the 
fact to the Assembly at the next session. 

TrriiE III. — ^The Legislative Power. 

SECTION I. — organization OF THE LEGISLATIVE POWER. 

Art. 40. The legislative power is vested in the National Assembly. 

Art. 41. The National Assembly shall meet every year on 1 
*March, even if not called to convene. Its ordinary sessions shall 
last two months, but this period may be extended a month longer. 

Art. 42. The Assembly shall not hold any meeting without the 
presence of an absolute majority of the members of which it is com- 
posed ; but the meeting of 15 deputies, at least, shall be sufficient for 
passing upon credentials and taking suitable measures against the 
obstacles to a majority in the Assembly. 

Art. 43. The Assembly shall hold an extra session whenever it 
has been convoked by the executive power or the Permanent Com- 
mittee, and in these cases it idiall only discuss the subjects mentioned 
in the call. 

Art. 44. Deputies, from the day of their election, shall enjoy the 
following prerogatives : 

1. Personal immunity from indictment or trial, ^nless the As- 
sembly previously authorizes the prosecution by declaring that 
criminal proceedings can be instituted ; but they can be arrested in 
case of floffrante delicto, 

* That l8 to say, ao that the reasons for his detention may be stated* The last dauM 
la merely a free rendering in the yernacular of the Latin law term. 



284 CONSTITUTIONS OF THE STATES AT WAB. 

2. Irresponsibility for all their opinions, for the introduction of 
any legislative measures and for the manner of doing business in the 
discharge of their duties. 

These prerogatives do not authorize arbitrariness or excesses of 
personal initiative on the part of the deputies. 

The rules of the Assembly shall establish the manner of repressing 
any abuses which may be committed. 

Art. 45. After the declaration referred to in § 1 of the fore- 
going article has been made, the accused parties shall remain subject 
to the competent judge and suspended from the exercise of their 
legislative functions, which they shall not exercise unless they are 
acquitted. If they are condemned, their seats shall remain vacant 
and new elections shall be ordered to be held. 

Art. 46. If the Assembly is not in session, the Permanent Com- 
mittee shall declare whether or not criminal proceedings shall be 
instituted against the deputy. 

Art. 47. Should any deputy be arrested fidgrwrUe delicto^ he shall 
be placed immediately at the disposal of the Assembly, or of the 
Permanent Committee if the Assembly is not in session. 

Art. 48. The Assembly shall consist of a deputy for each 20,000 
inhabitants or for each fraction thereof exceeding 10,000. 

The law shall provide the manner of holding the elections; but 
without modifying the principle of direct popular election. 

Art. 49. To be elected deputy it is required to be in the exercise of 
the rights of citizenship and to be over 21 years of age. 

Art. 50. Contractors of public works or services of any kind, the' 
cost of which is defrayed with State funds, and those who in conse- 
quence of the said contracts have pending claims of their own 
private interest shall be ineligible to be deputies. The secretaries 
of State shall also be ineligible; as also, for the department or elec- 
toral district in which they exercise their functions, political chiefs, 
military commanders, judges of the first instance, collectors of public 
revenue and ministers of religion. 

Art. 51. Deputies shall remain in! the exercise of their func- 
tions four years, but the Assembly shall be renewed by halves every 
two years. For this purpose the Assembly shall, before closing the 
session of its first constitutional year, decide by lot the deputies who 
are to go out at the expiration of the first two-year period. 

SECTION n. — ^ATTRIBimONS OF THE LEGISLATIVE POWER. 

Art. 52. It belongs to the legislative power: 

1. To open and close its ordinary and extraordinary sessions. 

2. To count the votes for President of the Republic and to pro- 
claim popularly elected the citizen who obtained an absolute majority 
of votes. 



GUATEMALA. 285 

3. To elect the President from among the three candidates who 
obtained the greatest number of votes, in case there is no popular 
election because of the absence of an absolute majority of votes, 

4. To appoint in the last meetings of each year the designates 
(desi^nados) . 

5. To give possession [of his office] to the President of the 
Republic and to receive from him the declaration required by law. 

6. To accept or refuse to accept, as it may deem advisable, the 
resignation of the President of the Republic. 

7. To grant or refuse permission to the President of the Repub- 
lic to absent himself from the territory of Central America. 

8. To designate the person who shall act, during his absence, 
as President of the Republic, when the latter has obtained permission 
to absent himself from the territory of Central America. 

9. To count the votes for president, magistrates and public 
prosecutors of the courts of justice, whose election shall be popular 
and direct, and to proclaim elected by the people the citizens who 
have obtained a plurality of votes. 

10. To accept or refuse to accept the resignations of the presi- 
dent, magistrates and public prosecutors of the courts of justice, 
and designate, if the resignations are accepted, or if the offices 
become absolutely vacant, the persons who should fill the positions 
until the completion of the respective constitutional terms of office. 

Art. 53. The Assembly also has power to declare whether or not 
impeachment proceedings shall be instituted against the President 
of the Republic, members of the cabinet, members of the Council of 
State, magistrates, public prosecutors of the superior courts and 
solicitors of the government. 

The law of responsibilities determines the form of the impeach- 
ment proceedings and the tribunal which shall take cognizance of 
the case. 

« 

Art. 54. The legislative power also has the following attribu- 
tions : 

1. To enact, interpret, amend and repeal the laws which must bo 
observed in all branches of the administration. 

2. To fix every year the expenses of the public administration, 
approving or disapproving the estimates submitted by the executive 
power. 

3. To levy the ordinary taxes and imposts required to cover the 
expenses of the government and the claims approved. 

4. To approve or disapprove every year the account which the 
executive must submit of the funds disbursed in the public admin- 
istration, and of any unforeseen expenses which may have been 
necessary. 

5. To levy extraordinary taxes when the necessity so demands. 



286 CONSTITUTIONS OF THE STATES AT WAR. 

6. To authorize the executive power to enter into contracts and 
negotiate loans, either at home or abroad, and to pledge for their 
payment the revenues of the nation. 

7. To examine the claims against the public treasury for credits 
not included in the estimates, and, if they are approved by the Assem- 
bly, to set aside funds for their amortization. 

8. To fix the fineness, weight and denominations of the national 
currency, and to fix likewise the system of weights and measures. 

9. To approve or disapprove, before their ratification, the treaties 
and conventions concluded by the executive with other countries. 

10. To grant pensions and public honors for great services ren- 
dered to the nation. 

11. To authorize the executive to send forth such laws as, owing 
to their extent, can not be despatched by the legislative power, to 
which, however, a report thereon should be submitted in due time. 

12. To grant extraordinary faculties to the executive, when 
necessity or the interest of the Kepublic so demands, specifying in 
the decree what are the faculties granted. 

13. To approve or disapprove the acts done by the executive 
power in the exercise of the faculties granted to him. 

14. To appoint brigadier generals and generals of division upon 
nomination of the executive, accompanied for this purpose by the 
record of services of the nominee. 

15. To declare war and approve treaties of peace. 

16. To grant general amnesties and pardons when public utility 
may so demand. 

Art. 55. The following attributions also belong to the Assembly : 

1. To elect at the opening of the session its own president, vice- 
president and all the other functionaries who under the rules of the 
Assembly are necessary to complete its organization. 

2. To be the judge of the election of its own members and 
approve or disapprove their credentials. 

3. To accept or refuse to accept the resignations of its members, 
and order new elections to be held to fill the places vacant for this or 
any other reason. 

4. To make rules for its internal government. 

5. To compel the attendance of absent deputies and punish the 
offenses, by commission or omission, of those present. 

SECTION III. — ENACTMENT AND APPROVAL OF THE LAWS. 

Art. 56. Laws may be introduced in the Assembly on the proposal 
of some one of its members, through the initiative of the executive 
power or of the judicial power in matters of its competence. 

Art. 57. The Assembly, in order to exercise the attributions enu- 
merated in §8 6 and 7 of Article 52 and § 4 of Article 55, shall 



GUATEMALA. 287 

discuss, in three different meetings held on different days, the 
subject presented to it, and no vote shall be taken until said subject 
is held in the third meeting to have been sufficiently discussed. 

In all the other formalities of proceedings the regulations pre- 
scribed by the rules of the Assembly shall be observed. 

Art. 58. All bills passed by the Assembly shall be sent for ap- 
proval to the executive. 

Art. 59. The President shall approve the law passed by the Assem- 
bly and order it to be promulgated, but if he should find it unsuit- 
able, he shall upon the advice of the Council of Ministers, with- 
hold his approval and return it to the Assembly, within ten days, 
accompanied with the remarks that he may deem proper. The 
Assembly shall either reconsider the bill at once, or, if the remarks 
made by the executive are not accepted, postpone its reconsideration 
until the session of the next year. In the latter case, if the Assem- 
bly ratifies the bill by a two-thirds vote, the executive shall be bound 
to approve and promulgate the law. 

Art. 60. If the executive does not return the bill within ten days 
to be counted from its despatch, it shall be considered approved and 
shall be promulgated as law. If the Assembly adjourns before the 
expiration of the ten days within which the return of the bill was 
possible, the executive must return it within the first eight days of 
the ordinary session of the following year. 

Art. 61. The acts of the Assembly relating to its internal govern- 
ment, to the qualification of elections and the resignation of those 
elected, to the permission to prosecute or impeach public officials as 
set forth in Articles 44 and 53, and all the other provisions of Articles 
52 and 55 shall not require the approval of the executive. 

section IV. — ^TIIE PERMANENT COMMITTEE. 

Art. 62. Before closing its sessions the Assembly shall elect seven 
of its members to form the Permanent Committee, which shall at 
its first meeting designate its chairman. 

Art. 63. The Permanent Committee shall have during the recess 
of the Assembly the following attributions : 

1. To declare whether or not criminal proceedings may be insti- 
tuted against a member of the Assembly in the cases mentioned in 
Articles 44 and 53. 

, 2a To take up the unfinished business and put it in shape for 
proper consideration when the Assembly meets. 

3. To call an extra session of the Assembly when the exigencies 
of the circumstances so demand. 

The Permanent Committee shall meet at any time at the call of its 
chairman. 



288 CONSTITUTIONS OF THE STATES AT WAR. 

Title IV. — ^The Executive and its Attributions. 

SECTION I. ORGANIZATION OF THE EXECUTIVE. 

Art. 64. A citizen with the title of " President of the Republic " 
exercises the executive power, and shall be elected popularly and 
directlv. 

Art. 65. To be elected President it is required : 

1. To be a native of Guatemala * or of any other Republic of 
Central America. 

2. To be over 21 years of age. 

3. To be in the enjoyment of the rights of citizenship. 

4. To be of the secular estate.^ • 

Art. 66. The term of office of the President shall be six years.* 

Art. 67. The President is responsible to the Assembly for his 
acts. 

Art. 68. The President of the Republic shall turn his office over 
to the person selected for that purpose by the Assembly, when he, 
with the permission of the latter, decides to absent himself from the 
territorv of Central America. 

Art. 69. Two designates {desJc/nados)^ elected by the Assembly, 
shall fill, in the order of their election, the place of President of the 
Republic, in the cases set forth by the Constitution. 

To be elected designado the same qualifications are required as to 
be elected President of the Republic. 

In case of absolute vacancv of the office of President of the 
Republic, the executive power shall be transmitted to the first desig- 
nado^ and, in his default, to the second. In such a case, the demjnado^ 
within eight days following the absolute vacancy, shall call for a 
presidential election, to be held within six months to be counted from 
the date of the call. The election having been held and the Assembly 
having made the ideclaration to which §2 of Article 52 refers, 
the citizen elected shall at once take possession of the office, and his 
presidential term shall be computed from the fifteenth of March 
following. 

Art. 70. The President of the Republic in taking possession of 
his office shall make the following solemn declaration : 

I declare that I wiU fulflU with patriotism the office of President, and will 
observe and cause to be observed faithfully the Constitution of the RepubUc. 

Art. 71. The President of the Republic shall have for the trans- 
action of business the number of secretaries provided by law. Their 
appointment and removal belongs to the President. 



^That is. not to be an ecclesiastic. 

•As amended by the legislative decree of 12 July 1903 i^hich repealed the prohibition 
of consecutive reelection. 



GUATEMALA. 289 

Akt. 72. To be a secretary of State it is required to be over 21 
years of age and of the secular estate, to be in the exercise of the 
rights of citizenship, and not to be a contractor of public works, nor 
to be personally interested in claims arising out of said contracts. 

Art. 73. The secretaries of State, in their respective departments, 
shall authorize the decisions of the President. 

All orders and other provisions of the executive power shall be 
signed and communicated by the secretary of the department to 
which they belong. 

Art. 74. The secretaries of State are jointly responsible with the 
President for all the acts of the latter authorized by them with their 
signatures. 

Art. 75. The secretaries of State shall, during the first days of 
the ordinary session of the Assembly, submit a detailed report on 
the condition of the business of their respective departments. 

Art. 76. The secretaries of State may attend the meetings of the 
Assembly and take part in the deliberations. They are bound to 
furnish all the information which may be asked of them and to 
answer to interpellations which may be directed to them upon admin- 
istration affairs, except in matters which have reference to diplomatic 
transactions or to pending military operations. 

SECTION II. — DUTIES AND ATTRIBUTIONS OF THE EXECUTU'E P0^VER. 

Art. 77. The duties and attributions of the executive power are: 

1. To defend the independence and honor of the nation and the 
inviolability of its territory. 

2. To observe and cause to be observed the Constitution and the 
other laws. 

3. To see to the prompt and complete administration of justice. 

4. To see to the preservation of public order. 

5. To render to the functionaries of the judicial power the assist- 
ance and force necessary to render their decisions effective. 

6. To direct public instruction, create teaching establishments 
and make rules for those supported by national funds. 

It has also the power to exercise supreme inspection over all the 
schools and other teaching establishments, even when not supported 
by national funds. 

7. To attend to the collection and management of the national 
revenue, and order it to be disbursed according to law. 

8. To appoint secretaries of State, accept their resignations, and 
separate them from the service. 

9. To appoint from among three nominees of the Supreme Court 
of Justice the judges of first instance. # 



290 CONSTITUTIONS OF THE STATES AT WAR. 

10. To appoint functionaries of the administrative and military 
order; to transfer them from one place to another when advisable 
for the good of the service. 

11. To grant military grades up to and including that of colonel. 

12. To command the army, organize and distribute it as may be 
deemed advisable. 

13. To raise the force which may be necessary to repel foreign 
invasion or to prevent or put down domestic insurrections. 

14. To appoint ministers plenipotentiary, ministers resident, 
charges d'affaires and consuls for the service of the Republic in for- 
eign countries. 

15. To receive the ministers and other envoys of other nations 
and grant the exequatur to the patents of foreign consuls. 

16. To give passports to the ministers and other envoys of other 
nations and to withdraw the exegu^atur to the patents of consuls in 
the cases prescribed by international law. 

17. To issue the decrees and rules which may be necessary to 
facilitate and insure the execution of the laws in all branches of the 
administration. 

18. To suspend, with the advice of the Council of Ministers, the 
constitutional guarantees, when the public order so demands. 

19. To submit to the Assembly, for its approval, the treaties con- 
cluded by it. 

20. To call the Assembly to convene in extra session, when grave 
and urgent matters may so require. 

21. To approve the laws and promulgate such legislative acts as 
do not need executive approval. 

Art. 78. The President of the Bepublic shall have power to com- 
mute the penalty which may be greater in the general scale of pun- 
ishment to the penalty immediately inferior thereto, to grant pardons 
for political offenses, and even for common ones, when public utility 
may so demand, or when the petitioner has rendered signal services 
to the nation. A law shall regulate the exercise of this power. 

SECTION in. — THE COUNCIL OF STATE. 

Art.' 79. The President of the Republic shall have a Council of 
State, consisting of the secretaries of State and nine councilors, five 
of whom shall be appointed by the Assembly and four by the Presi- 
dent of the Republic. 

Art. 80. The President of the Republic may appoint temporary 
councilors during the recess of the Assembly in order to fill the 
vacancies which may occur. 

Art. 81. To be chosen councilor it is required to be over 21 years 
of age and to be in the exercise of the rights of citizenship. 



GUATEMALA. 291 

Art. 82. The councilors shall continue in the exercise of their 
functions two years. 
Akt. 83. The attributions of the Council are : 

1. To make rules for its internal government. 

2. To give its opinion to the President of the Kepublic in all the 
matters about which he may consult it. 

Art. 84. The councilors of State are responsible for the opinions 
given by them in opposition to the Constitution and the other laws. 

TrTLE V. — ^The Judicial Power. 

Art. 85. The judicial power is exercised by the judges and tri- 
bunals of the Republic; to them belongs the exclusive power of 
applying the laws in civil and criminal cases. 

Art. 86. To be elected magistrate or public prosecutor it is neces* 
sary to be in the enjoyment of the rights of citizenship, to be over 21 
years of age, to be a lawyer and of the secular estate. 

Art. 87. The functionaries of the superior tribunals of justice and 
the judges of first instance shall continue four years in the exercise 
of their functions. 

Art. 88. The power to render judicial decisions, and to enforce 
them, belongs exclusively to the tribunals. 

Art. 89. The laws shall fix the manner and form accor(^ing to 
which the trials shall be conducted. 

Art. 90. All the inhabitants of the Republic shall be subject to the 
course of proceedings established by law. 

Art. 91. No case shall have more than three instances, and the same 
judges shall not take cognizance of a case in different instances. 

Art. 92. The judges, whatever their rank or category may be, are 
personally responsible for every violation of law committed by them, 
in accordance with the responsibility of the judicial power. 

Art. 93. The law constituting the judicial power shall establish 
everything else concerning the judicial power. 

Title VI.^— The Government of the Departments and Munici- 
palities. 

Art. 94. The law divides the national territory into departments 
in order that the government thereof may be better administered. 

Art. 95. The President of the Republic shall appoint, for the 
government of each department, a political chief whose qualifica- 
tions and attributions shall be fixed by law. 

Art. 96. The law shall organize the mimicipalities without chang- 
ing the principle of popular direct election and shall describe the 
powers belonging to them. 



292 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 97. The municipalities shall establish, with the approval of 
the government, the means which they judge necessary to meet the 
object of their institution. 

Art. 98. The government may, when it deems advisable, or at 
the request of the municipalities, reform the ordinances of each town 
and make ordinances for the towns which have none. 

TrriiE VII. — Keform of the Constitution. 

Art. 99. — ^The Assembly, by a two-thirds vote, shall have power 
to order the reform of the Constitution, indicating the article or 
articles which have to be changed. 

Art. 100. The resolution to amend having passed, the executive 
power shall call a Constituent Assembly, which should meet within 
the three months following. The resolution mentioned in the preced- 
ing article shall be inserted in the call. 

Art. 101. The Assembly shall consist of a delegate for each 15,000 
inhabitants, and these delegates shall have the same qualifications 
as are required to be elected deputy. 

Art. 102. The ordinary Assembly, as soon as the resolution to 
reform the Constitution is passed, shall adjourn sine die. 

Art. 103. The reform having been made, a call shall be issued 
for the election of deputies for the ordinary legislature. 

Art» 104. The present Constitution shall not lose its force and 
vigor, even when its observance is interrupted by a rebellion. 

Art. 105. The amendments made to the Constitution on 23 Octo- 
ber 1885 are null and void. 

TRANSITORY PROVISIONS.^ 

Article 1. The present amendments to the Constitutional Law 
shall begin to be in force from the date of their promulgation, when 
the suspension of the constitutional regime shall also cease. 

Art. 2. The power is hereby granted the executive to exercise the 
attributions set forth in Article 8 of the present law (except those 
mentioned in §§ 4, 9 and 13) until the day on which the Legis- 
lative Assembly meets, to wliich an account shall be given of the 
acts committed in the exercise of such attributions. 

Art. 3. The provisions of Article 5 of the Constitution shall not 
prevent the conclusion of the treaties which may now be pending 
and which were negotiated under the rule of the amendments made 
in October, 1885- 

Art. 4. The suspension of the constitutional regime decreed on 
26 June of the present year shall not interrupt the presidential term 
of General Don Manuel Lisandro BARRiUiAs, who, in compliance 

^ The Constitution of 1879 was reenacted on 5 November 1887 and these transitory pro- 
TlBlons were added. See above, p. 279, notes 2 and 3. 



GUATRMATA. 29S 

with the proTisioiis of these amendments, shall, therefore, complete 
his term of office on 15 Mardi 1892. 

Aht. 5. The executive is hereby given authority to call for a popu- 
lar election of deputies to the Legislative Assembly, and of presi- 
dent, magistrates and public prosecutors of the courts of justice, 
for the ccNQStitutional period beginning, (hi 15 March 1888, with the 
power to issue for this purpose the proper electoral laws. 

Art. 6. The Constitutional Assembly, before closing its sessions, 
shall appoint two persons, who shall exercise the functions of 
designadoa until the next legislature, in use of the power vested in it 
by § 4 of Article 7 of the present decree, elects those who shall fill the 
position. 



\ 



HAITI. 

From 1790 to 1804 the French colony of Santo Domingo was 
blood stained bv almost continual disturbances, in the midst of which 
Toussaint L'Ouverture published the Constitution of 9 May 1801. 
Gen. Dessalines proclaimed the independence of the island 1 Janu- 
ary" 1804, and took the title of Emperor under the name of Jacques 
the First. The new State again took the historic name of Haiti. 
After the murder of Dessalines (17 October 1806), civil wars ensued, 
and two States were established under Christophe and Petion, re- 
spectively king of the northern provinces and president of the rest 
of the island. Upon the death of the former (1820), President Boyer 
effected the union of the two States and governed in a personal and 
authoritative manner until the revolution which overthrew him in 
1S43. The consequence of this revolution was the final separation 
of the eastern and Spanish part of the island, which took the name 
of Dominican Republic. Civil wars went on from 1842 to 1847, 
when Gen. Soulouque reestablished the empire for nine years. After 
his overthrow Geffrard restored the republic, but the empire re- 
turned with his successor, Salnave, who, however, was executed three 
years later. Since this period the Constitution of the Bepublic of 
Haiti has been renewed several times, first on 6 August 1874,^ and 
finally, after continually recurring disturbances, on 9 October 1889.* 
The latter remained in force until the passage of the Constitution 
which follows.' 



CONSTITTmON OP 12 JUNE 1918/ 
Title I.— The Terrttort of the Republic* 

Article 1. The Republic of Haiti is one and indivisible, free, sov- 
ereign and independent. 

* French text and English translation In parallel columns in J. I. Rodbioubz, American 
Constitution9 (Washington, 1906), vol. ii^ pp. 62-88. Spanish translation in Rodbioubz, 
op. o(t., pp. 89-108. French text also in the BrUUh a$id Foreign State Papers, 81 : 
pp. 64-87. 

' French text in the British and Foreign Staie Papers, 65 : pp. 1260-1280. 

*Thi8 introductory paragraph is based upon F. R. Dabsstv vr P. Darcsh, Les Ooneti- 
iutions modemes (3d edition, Paris, 1910), toI. ii, pp. 668-670, and Rodbioubz, op. eit., 
pp. 49-61. 

« Translation by Hbbbeet F. Wbioht from the French text In Le Moniteur, Journal 
o/nciel de la R^publique d'Haiti (Port-au-Prince), of 19 June 1918. 

* Preceding this title in the official text appear the words, " Chapter First," which 
seem to have been inserted through error. 

295 



296 CONSTITUTIONS OF THE STATES AT WAR. 

Its territory, including the islands adjacent thereto, is inviolable 
and shall not be alienated through any treaty or through any con- 
vention. 

Art. 2. The territory of the Republic is divided into departments; 
each department is subdivided into districts (arrondissements) ; and 
each district into communes. 

The number and the limits of these subdivisions shall be deter- 
mined by law. 

Title II. — ^Haitians and Their Eights. 

SECTION I. — ClVHi AND POLITICAL RIGHTS. 

Art. 3. The rules governing nationality shall be determined by 
law. 

Art. 4. All foreigners who find themselves on Haitian territory 
shall enjoy the same protection as that extended to Haitians. 

Art. 5, The right to own real estate shall be given to foreigners 
residing in Haiti and to the societies organized by foreigners for 
purposes of residence, and agricultural, commercial, industrial or 
educational enterprises. 

This right shall cease after a period of five years from the date 
when the foreigner shall have ceased to reside in the country or the 
activities of said companies shall have ceased. 

Art. 6. Every Haitian citizen over 21 years of age shall be enti- 
tled to exercise political rights, if he has the other qualifications 
required by the Constitution and by law. Foreigners may acquire the 
Haitian nationality by following the rules established by law. 
Naturalized Haitians i^all be admitted to the exercise of political 
rights only after five years of residence in the territory of the 
Bepublic. 

Art. 7. The exercise of political rights shall be suspended by virtue 
of a judicial condemnation which must have taken place in accord- 
ance with the laws of Haiti, carrying with it the suspension of civil 
rights. 

SECTION n. — ^PUBLIC LAW. 

Art. 8. Haitians are equal before the law. They shall be equally 
admissible to civil and military employments, without any reason 
for preference other than personal merit or services rendered to the 
country. 

Art. 9. Individual liberty is guaranteed. 

No one shall be detained except upon probable cause relating to an 
act punishable by law and upon the order of a legally competent 
functionary. For this warrant of arrest to be executed, it shall be 
necessary: 



HAITI. 297 

1. That it state the cause of the arrest and the provision of the 
law which punishes the imputed act. 

2. That notice, together with a copy of the warrant, be jriven to 
the accused party at the moment of the ari'est 

Except in case of fagrante delicto, the arrest shall be executed 
subject to the forms and conditions above stated. 

All arrests and all detentions made in opposition to this provision, 
and all acts of violence or severity accompanying the arrest are arbi- 
trary acts, against which the aggrieved parties may, without pre- 
vious authorization, complain before the competent tribunals, and 
cause the authors or the executoi-s to be prosecuted. 

Art. 10. Xo one shall be tried by other judge^s than those assigned 
to him by the Constitution or the law. 

Akt. 11. Domiciliary ^asit and seizure of papers shall not be made 
except by virtue of the law and in the forms provided by it. 

Art. 12. Xo law shall have a retroactive effect. 

Art. 13. No penalty shall be established except by law, nor shall 
any penalty be imposed except in the cases which the law shall 
determine. 

Art. 14. The right of property is guaranteed. 

Xo one shall be deprived of his property except by reason of 
public utility, and in the cases and in the manner established by law^ 
and upon previous payment of a just indemnity. Property shall not 
be confiscated for political reasons. 

Art. 16. The penalty of death for political offenses is abolished 
except for the case of treason. 

The law shall determine the penalty to be imposed in lieu thereof. 

Art. 16. Every one has the right to express his opinions on all 
matters and to write, print and publish what he thinks. Writings 
shall not be submitted to previous censorship. Abuses of this right 
shall be defined and punished by law, without thereby abridging in 
any way whatever the freedom of the press. 

Art. 17. All forms of worship are equally free. 

Every one has the right to profess his religion and freely perform 
his worship, provided he does not disturb the public order. 

Art. 18. Teaching is free. 

Freedom of teaching shall be exercised under the control and the 
supervision of the State in accordance with the law. 

Primary instruction shall be compulsory. Public instruction shall 
be gratuitous in all its grades. 

Art. 19. Trial by jury is established in all criminal cases and also 
for political offenses and offenses committed through the press. 

Art. 20.. Haitians have the right to assemble peaceably and withouc 
arms for discussing any matter, provided they comply with the laws 

88381—19 20 



298 CONSTITUTIONS OF THE STATES AT WAB. 

regulating the exercise of this right, but no previous authorization 
shall be required for this purpose. 

This provision shall not be applicable to meetings in public places 
which shall remain subject in all respects to the police regulations. 

Art. 21. Haitians have the right to join and form societies in 
accordance with the law. 

Art. 22. The right of petition shall be personally exercised by one 
or several individuals, never in the name of a body. 

Petitions shall be addressed to the legislative power or to the 
executive power. 

Art. 23. The secrecy of private correspondence entrusted to the 
mail is inviolable. 

The law shall determine who shall be responsible for this violation. 

Art. 24r. French is the official language. Its employment shall be 
obligatory in administrative and judicial matters. 

Art. 25. No previous authorization shall be required to prosecute 
public officials for acts done during their administration, except in 
those cases established by the Constitution. 

Art. 26. Nothing shall be added to or taken away from the Con- 
stitution by means of law. The letter of the Constitution shall 
always prevail. 

Title III. — The Sovereignty and the Powers to Which the Exer- 

CI8E Thereof Is Delegated. 

Art. 27. The national sovereignty resides in the citizens taken as 
a whole. 

Art. 28. The exercise of this sovereignty shall be delegated to 
three powers: the legislative power, the executive power and the 
judicial power. 

They shall form the government of the Republic, which is essen- 
tially civil, democratic and representative. 

Art. 29. Each power shall be independent of the other two in its 
attributions which it exercises separately. 

None of them shall delegate its faculties, nor go beyond the limits 
prescribed for it. 

Art. 30. Individual responsibility shall be formally attached to all 
public functions. 

The law shall govern the procedure to be followed against public 
officials for acts done during their administration. 

chapter I. 

SECTION I. — ^THE LEGISLATIVE POWER. 

Art. 31. The legislative i:)0wer shall be exercised by two assem- 
blies: one Chamber of Deputies and one Senate, which shall form 
the legislative body. 



HAITI. 299 

Art. 32. The number of deputies shall be fixed according to the 
population* on the basis of one deputy for every 60,000 inhabitants. 

While the census of the population is being made, the number of 
deputies is fixed at 36, apportioned between the arrondissements 
actually existing, to wit : 3 deputies for the Arrondissement of Port- 
au-Prince; 2 each for the Arrondissements of Cap-Hai'tien, Caves, 
Port-de-Paix, Gona'ives, J^r^mie, Saint-Marc and Jacmel; and 1 
deputy each for the other arrondissements. The deputy shall be 
elected by a majority of the votes cast by the primary assemblies 
of the district in conformity with the manner and the conditions 
provided by law. 

Art. 33. To be a member of the Chamber of Deputies, it shall be 
necessary : 

1. To be over 25 years of age. 

2. To be in the enjoyment of civil and political rights. 

3. To have resided at least one year in the arrondissement to be 
represented. 

Art. 34. The members of the Chamber of Deputies shall be elected 
for two years, and may be reelected indefinitely. They shall begin 
to discharge their oflSce the first Monday of April of even numbered 
years. 

Art. 35. In case of vacancy by reason of death, resignation, dis- 
qualification of a deputy, or for any other cause, provision shall be 
made for a succesi^or in his electoral district, only for the remainder 
of his term, by a special election called immediately by the President 
of the Republic. 

This election shall take place within a period of 30 days after the 
convocation of the primary assembly, in accordance with Article 107 
of the present Constitution. 

The same procedure shall take place in case of non-election in one 
or several districts. 

SECTION II. — THE SENATE. 

Art. 36. The Senate shall consfst of 15 Senators. 
Their functions shall last six years and shall begin the first Mon- 
day of April of even numbered years. 
They may be reelected indefinitely. 

Art. 37. The Senators represent the departments, which are five 
in number, to wit : 

4 senators for the Department of the West. 
3 each for the Departments of the North, South and the Artibo- 
nite. 

2 for the Department of the North West. 



300 CpNSTITUTIONS OF THE STATES AT WAK. 

Senators shall be elected by universal and direct suflFrage in the 
primary assemblies of the several departments in accordance with 
the manner and the conditions prescribed by law. 

Those candidates shall be elected who shall have obtained the high- 
est number of votes in the departments. 

In the first election after the adoption of the present Constitution, 
these elections shall take place in the following manner : 
^ In each department the candidate who shall have obtained the 
highest number of votes shall be elected senator for this department 
for a period of six years; the candidate who shall have obtained the 
next highest number of votes shall be elected for a period of four 
vears. 

In each of the Departments of the North, of the South and of 
the Artibonite, the candidate who shall have obtained the third high- 
est number of votes, and, in the Department of the West, the can- 
didates who shall have obtained the third and fourth highest number 
of votes, shall be elected for a period of two years. 

In the following and in the regular elections, the candidates who 
shall have obtained the highest number of votes in the several depart- 
ments shall be elected for the entire period of six years. 

The Senate shall be renewed by thirds every two years. 

Art. 38. To be elected senator, it shall be necessary : 
To be over 30 years of age. 

To be in the enjoyment of civil and political rights. 
To have resided at least two years in the department to be 
represented. 

Art. 39. In case of vacancy by reason of death, resignation, dis- 
qualification of a senator, or any other cause, provision shall be 
made for a successor in his department only for the remainder of his 
term, by a special election called immediately by the President of 
the Republic. 

This election shall take place within a period of 30 days after 
the convocation of the primary assembly, in accordance with Article 
107 of the present Constitution. 

The same procedure shall take place in case of non-election in one 
or several departments. 

SECTION III. — THE NATIONAL ASSEMBLY. 

Art. 40. The two houses shall meet in National Assembly, in the 
cases provided for by the Constitution. 

The powers of the National Assembly shall be limited and shall 
not be extended to any other purposes than those which are specially 
assigned to it by the Constitution. 

Art. 41. The president of the Senate shall preside over the Na- 
tional Assembly, the president of the Chamber of Commons shall be 



HAITI. 301 

the vice-president of it, and the secretaries of the Senate and of the 
Chamber of Commons shall be the secretaries of -the National 
Assembly. 

Art. 42. The attributions of the National Assembly shall be : 

1. To elect the President of the Republic and to administer to 
him the constitutional oath. 

2. To declare war, upon the report of the executive power. 

3. To approve or to reject treaties of peace and other inter- 
national treaties and conventions. 

Art. 43. In the years of regular presidential elections, the National 
Assembly shall proceed to the election of the President of the Re- 
public on the second Monday in April and shall not undertake any 
other work, remaining in permanent session except on Sundays and 
holidavs, until the President shall have been elected. 

Art. 44. The election of the President of the Republijc shall be 
made by secret ballot and by an absolute majority. 

If, after the first ballot, no candidate has secured the number of 
votes required for his election, a second ballot shall be taken. If on 
this second ballot no candidate is elected, the election shall be con- 
centrated on the three candidates who have obtained the highest 
number of votes. If after three ballots none of the three has been 
elected, the balloting shall be between the two who have received the 
greatest number of votes, and the one who secures the majority of 
votes cast shall be proclaimed President of the Republic. 

If the votes of the two candidates are equally divided, the election 
shall be decided by lot. 

Art. 45. In case of vacancy of the office of President, the National 
Assembly must convene within ten days, with or without convocation 
of the Council of the Secretaries of the State. 

Art. 46. The meetings of the National Assembly shall be public. 
Nevertheless, it may resolve itself into a secret committee at the re- 
quest of five members and decide thereafter by an absolute majority 
whether or not the meeting should continue to be held in public. 

Art. 47. In case of urgency at a time when the legislative body is 
not in session, the executive power may convene the National Assem- 
blv in extra session. 

He shall communicate to the National Assembly, through a written 
message, the reasons for this convocation. 

• Art. 48. The presence in the National Assembly of a majority of 
each of the two houses is necessary to pass its resolutions; but a 
minority may adjourn from day to day in order to compel the absent 
members to attend the meeting, according to the manner and under 
the penalties which the National Assembly may prescribe. 



302 CONSTITUTIONS OF THE STATES AT WAR. 

CHAPTER II. 

SECTION I. — ^THE EXERCISE OF THE LEGISLATIVE POWER. 

Art. 49. The seat of the legislative body shall be in the capital 
of the Republic. 

Art. 50. The legislative body shall meet each year, without need 
of express convocation, on the first Monday of April. 

The session shall begin f rouLthe date when the bureaux * of the two 
houses are established. 

The session shall last three months. In case of necessity, this 
period may be extended to four months by the executive power or by 
the legislative body. 

The President of the Republic may adjourn the houses. But the 
adjournment shall not last over one month, and more than two 
adjournments shall not take place during the course of the same 
session. 

Art. 51. In the interval between sessions, and in case of urgency, 
the President of the Republic shall call the legislative body to meet 
in extra session. 

He shall explain to them, by means of a message, the reason for 
this measure. 

In the case of being called to meet in extra session, the legislative 
body shall not take up any other matters foreign to those for which 
it has been convened. 

Art. 52. Each house shall be the judge of the election of its mem- 
bers and shall decide absolutely the contests which may arise on the 
subject. 

Art. 53. The members of each house shall individuallv take the 
oath to maintain the rights of the people and to be faithful to the 
Constitution. 

Art. 54. The meetings of the two houses shall be public. 

Each house mav resolve itself into a secret committee at the 
request of five members and decide thereafter by an absolute ma- 
jority whether or not the meeting should continue to be held in 
public in regard to the same subject. 

Art. 55. The legislative power shall make the laws on all subjects 
of public interest. 

The initiative {ot the legislation] shall belong to each one of the 
two houses as well as to the executive power. 

Nevertheless, the budgetary law, the law concerning the assess- 
ment, distribution and manner of collection of taxes and contribu- 
tions, the laws having for their object the creation of revenue or 
increase of the expenses of the State shall be first voted by the 
Chamber of Deputies. 

^ That is, the officers and clerks necessary for the c«Miduct of business. 



HAITI. 303 

In case of disagreement between the two houses in regard to these 
laws, each house shall draw by lot an equal number of members to 
form an interparliamentary commission which shall decide the dis- 
agreement with finality. 

The executive power has the exclusive right to take the initiative 
with laws regarding the public expenses; and neither of the two 
houses has the right to increase in whole or in part the expenses 
proposed by the executive power. 

Art. 56. Each house, by its own rules, shall establish its discipline 
and determine the method under which it shall exercise its attribu- 
tions. 

Each house may impose disciplinary penalties upon its members 
for reprehensible conduct and may expel a member by the vote of a 
majority of two thirds of its members. 

Art. 57. The members of the legislative body, except in case of 
fagran^e delicto^ of treason or acts entailing a corporal or ignomin- 
ious punishment, shall not be prosecuted or arrested by way of re- 
pression during the length of the session without the authorization 
of the house to which they belong. 

In no case shall they be arrested while they are attending a meet- 
ing of their house or while they are on their way to and from it. 

Art. 58. Neither of the two houses shall adopt any resolutions with- 
out the presence of an absolute majority of its members; however, 
a lesser number of members may adjourn from day to day and com- 
pel the absent members to attend the meeting according to the 
manner and under the penalties which each house may prescribe. 

Art. 59. No act of the legislafive body shall be passed except by 
a number of votes equal to or greater than the majority of the mem- 
bers present, except when otherwise provided for by the present 
Constitution. 

Art. 60. No bill shall be adopted by either of the two houses 
without having been voted article by article. 

Art. 61. Each house shall have the right to amend and revise the 
articles and amendments proposed. The amendments voted by one 
house shall not be made a part of a bill until they have been voted 
on bv the other house: and no bill shall be enacted into law until 
after it has been voted on in the same form b}' the two houses. Any 
bill may be withdrawn before said bill is definitively voted upon. 

Art. 62. Every law passed by the legislative body shall be 
immediately sent to the President of the Republic, who, before pro- 
mulgating it, has the right to make objections thereto, in whole or 

9 

in part. 

In this case he shall return the law to the house in which it origi- 
nated, together with his objections. If the law^ is amended by this 
house, it shall be sent to the other house, together with the objections* 



304 COXSTITUTIONS OF THE STATES AT WAR. 

If the law thus amended is passed by the second house, it shall be 
sent again to the President to be promulgated. 

If the objections are rejected by the house which originally passed 
the bill, it shall be sent to the other house, together with the objec- 
tions. 

If the second house likewise votes to reject these obj,ections, the 
law shall be sent to the President, who shall then be obliged to pro- 
mulgate it. 

The rejection of the objections shall be voted in both houses by 
a majority of two thirds of each house; in this case the vote of 
each house shall be by yeas and nays and shall be noted down in 
the margin of the minutes beside the name of each member of the 
Assembly. 

If two thirds of either house shall not meet to consider the rejec- 
tion of the objections, said objections shall be accepted. 

Art. 63. The right to object should be exercised within eight days 
from the date of the presentation of the law to the President, exclu- 
sive of Sundays and days of adjournment of the legislative body, 
in accordance with Article 50 of the present Constitution. 

Art. 64. If, within the period prescribed by the preceding article, 
the President of the Republic does not make any objection, the law 
shall be promulgated, unless the session of the legislative body shall 
have closed before the expiration of that period. In this case the law 
shall be held in abeyance. 

Art. 65. A bill rejected by one of the two houses shall not be re- 
introduced during the same session. 

Art. 66. The laws and other a(As of the legislative body shall 
become official through the Moniteur and shall be inserted in the 
bulletin printed and numbered under the title, Bulletin des Lois. 

Art. 67. The law shall take its date from the day of its definitive 
adoption by the two houses ; but no laws shall become obligatory until 
after their promulgation, which is to be made according to law. 

Art. 68. No one shall personally present petitions to the legislative 
body. 

Art. 69. Each member of the legislative body shall receive a 
monthly indemnity of one hundred and fifty dollars, beginning from 
his taking of the oath. 

Art. 70. The office of member of the legislative body is incom- 
patible with any other office under the pay of the State. 

CHAPTER in. — THE EXECUTIVE POWER. 
SECTION I. — THE PBE8IDENT OF THE REPL^LIC. 

Art. 71. The executive power shall be exercised by a citizen who 
shall take the title of President of the Republic. 



HAITI. 305 

Art. 72. The President of the Republic shall be elected for four 
years. 

He shall enter upon his duties on 15 May, except when he has 
been elected to fill a vacancy ; in this case he shall be elected for the 
i-emainder of the term and he shall enter upon his duties inune- 
diately after his election. 

The President shall be eligible for immediate reelection. A Presi- 
dent who has been reelected shall not be elected for a third term 
. unless after the expiration of a period of four years. 

A citizen who has been elected President three times shall not be 
•eligible for that office. 

Art. 73. To be elected President of the Republic, it shall be neces- 
sary : 

1. To have been born of a Haitian father and never to have re- 
nounced his nationality. 

2. To be over 40 years of age. 

3. To be in the enjoyment of civil and political rights. 

Art. 74. The President shall, before entering upon his duties, 
take before the National Assembly the following oath: 

I swear before God and before the nation to observe and cause to be 
observed faithfully the Constitution and the laws of the Haitian people, to 
respect the rights of the latter, to maintain the national Independence and the 
integrity of the territory. 

Art. 75. The President of the Republic shall appoint and remove 
the secretaries of State. 

He shall be charged with seeing to the execution of the treaties of 
the Republic. 

He shall seal the laws with the seal of the Republic and shall pro- 
mulgate them within the time prescribed by Articles 62, 63 and 64. 

He shall be charged with the enforcing of the Constitution and 
the laws, acts and decrees of the legislative body and of the National 
Assemblv. 

He shall issue all the regulations and decrees necessary for this 
purpose, without, however, the power to suspend or interpret the 
laws, acts and decrees themselves or to interfere with their enforce- 
ment. 

He shall make appointments to public offices and positions, only 
by virtue of the Constitution or of some express provision of a law 
and under the conditions therein prescribed. 

He shall provide according to law for the internal and external 
safety of the State. 

He shall make all international treaties or conventions, subject 
to the approval of the National Assembly. 

He shall have the right to grant pardons and commutation of 
punishment imposed by final judgments rendered in actual trial, 



306 CONSTITUTIONS OF THE STATES AT WAR. 

except in cases of impeachment by the courts or by the Chamber of 
Deputies, as is provided in Articles 100 and 101 of the present Con- 
stitution. 

He shall grant amnesty in political matters according to the pro- 
visions of the law. 

He shall command and direct the armed forces of the Republic 
and shall confer the grades according to the law. 

He shall have power to demand a written report from the chief 
official of each of the ministerial departments on any subject relating 
to the conduct of their respective departments. 

Art. 76. If the President shall become temporarily unable to exer- 
cise his functions, the Council of the Secretaries of State shall be 
charged with the executive authority so long as the disability exists. 

Art. 77. In case of vacancy of the office of President, the Council 
of the Secretaries of State shall be vested temporarily with the 
executive power. 

It shall immediately convene the National Assembly for the elec- 
tion of a successor for the remainder of the presidential term. 

If the legislative body is in session, the National Assembly shall 
be convened without delay. If the legislative body is not in session, 
the National Assembly shall be called in accordance with Article 45. 

Art. 78. All the acts of the President, except the decrees appoint- 
ing or removing from office the secretaries of State, shall be counter- 
signed by the secretary of State in charge of the matter concerned. 

Art. 79. The President shall have no other powers than those 
formally attributed him by the Constitution and the special laws 
enacted by virtue of the Constitution. 

Art. 80. At the opening of each session the President, by means 
of a message, shall render to each of the two houses separately an 
account of his administration during the year and shall present the 
general situation of the Republic both at home and abroad. 

Art. 81. The President of the Republic shall receive from the 
public treasury an annual indemnity of twenty-four thousand dol- 
lars." 

Art. 82. The President shall reside in the National Palace of the 
capital. 

SECTION U. — the secretaries OF STATE. 

Art. 83. The secretaries of State shall be five in number. They 
shall be distributed among the different ministerial departments as 
the services of the State may require. 

A decree shall determine this distribution in accordance with 
the law. 

Art. 84. To be appointed secretary of State, it shall be necessary : 

1. To be over 30 years of age. 

2. To be in the enjoyment of civil and political rights. 



HAITI. 307 

Art. 85. The secretaries of State shall meet in Council under the 
presidency of the President of the Republic or of any one of them 
delegated by the President. 

All deliberations of the Council shall be recorded in a book; and 
the minutes of each session shall be signed by the members of the 
Council present thereat. 

Art. 86. The secretaries of State shall have the right to the 
floor of each of the two houses as well as to that of the National 
Assembly, but only to discuss the bills proposed by the executive 
power and to support its objections or to make any other official 
communication. 

Art. 87. The secretaries of State shall be responsible, each in that 
which concerns him, both for the acts of their department and for 
the non-execution of laws relating thereto. 

They shall correspond directly with the authorities subordinate 
to them. 

Art. 88. Each secretary of State shall receive from the public 
treasury an annual indemnity of six thousand dollars. 

chapter hi [bis], — ^the judicial power.^ 

Art. 89. The judicial power shall be exercised by a Court of Cas- 
sation and by inferior courts, the formation and jurisdiction of which 
shall be established by law. 

Art. 90. The judges of all the courts shall be appointed by the 
President of the Republic. 

He shall appoint and remove the officials of the public ministry 
at the Court of Cassation and the other courts, justices of the peace 
and their substitutes. 

Art. 91. No one shall be appointed judge or officer of the public 
ministry who is not over 30 years of age, for the Court of Cassa- 
tion, or over 25 years, for the other courts. 

Art. 92. The Court of Cassation shall take no cognizance of the 
subject-matter of cases. Nevertheless, in all matters, except such as 
have been passed upon by jury, when the same case shall be presented 
again by the same parties upon an appeal, even upon an exception, 
thjB Court of Cassation, admitting the appeal, shall not remand the 
case, but shall pass a decision upon the subject matter, in full bench. 

Art. 93. The judges of the Court of Cassation, the judges of the 
courts of appeal and of first instance shall enjoy irremovability. 

The law shall regulate the conditions upon which they shall cease 
to enjoy the privilege of irremovability and the manner of their 
retirement on account of age or any other disability or by reason of 
the suppression of the court. 

^Thls repetition In the numbering of the chapters is obviously a typographical error. 



308 CONSTITUTIONS OF THE STATES AT WAR. 

They shall -not be transferred from one court to another or en- 
trusted with other functions, even if superior, without their formal 
consent. 

Art. 94. Judicial functions are incompatible with all other salaried 
public functions. 

Incompatibility resulting from relationship or marriage shall be 
regulated by law. 

The law shall also regulate the conditions required to be a judge 
of any rank. 

Art. 96. Commercial litigation shall be submitted to the courts 
of the first instance and the justices of the peace, in accordance with 
the Code of Commerce. 

Art. 96. The sittings of the courts shall be public, unless it is 
deemed that publicity is detrimental to public order or good morals; 
in this case a declaration to that effect shall be made by the court. 

The hearing in cases of political offenses or of offenses committed 
through the press shall never be secret. 

Art. 97. Every decree or decision shall state the grounds upon 
which it is rendered ; it shall be rendered in open court. 

Art. 98. The Court of Cassation shall take cognizance and pro- 
nounce upon conflicts of attributions in the manner established by 
law. 

It shall be competent in all cases decided by a court martial and 
brought before it on the ground of lack of competence or excess of 
jurisdiction of that court. 

Art. 99. The Court of Cassation, in full bench, shall decide upon 
the constitutionality of the laws. 

The courts should refuse to apply all those laws which have been 
declared unconstitutional by the Court of Cassation. 

They shall not apply the decrees and regulations of the adminis- 
tration which are not in accordance with the law. 

CHAPTER IV. — THE PROSECUTION AGAINST THE MEMBERS OF THE STATE 

POWERS. 

Art. 100. The Chamber of Deputies has the right to impeach the 
President and indict him before the Senate for high treason or any 
other crime or offense committed by him in the exercise of his 
functions. 

It may also impeach : 

1. The secretaries of State in case of malversation, treason, 
abuse or excess of their powers or any other crime or offense com- 
mitted in the exercise of their functions. 

2. The members of the Court of Cassation, of one of its sections, 
or of any officer of the public ministry connected vrith the Court of 
Cassation, in case of prevarication. 



HAITI. 309 

The impeachment shall not be pronounced except by a majority of 
two thirds of the members of the Chamber. By virtue thereof, the 
Chamber indicts the accused before the Senate sitting as a High 
Court of Justice. At the opening of the hearing each member of 
the High Court of Justice shall take oath to judge with impartiality 
and firmness proper to an honest and free^ man, following his 
conscience and his intimate conviction. 

When the President of the Republic is on trial, the president of 
the Court of Cassation shall preside. 

The High Court of Justice shall not impose any other penalty than 
deposition, dismissal and deprivation of the right to exercise any 
public function for not less than one year nor more than five years; 
but the guilty party may be indicted before the ordinary courts in 
accordance with the law, if there is reason for imposing other penal- 
ties or deciding upon the institution of civil proceedings. 

No one shall be tried or sentenced except by a majority of two 
thirds of the members of the Senate. 

The time fixed for the duration of the session of the legislative 
body in Article 50 of the present Constitution shall not serve to put 
an end to the prosecution, when the Senate is sitting as a High Court 
of Justice. 

Art. 101. In case of prevarication, any judge or official of the 
public ministry shall be impeached by one of the sections of the 
Court of Cassation. 

In case of a whole court, the impeachment shall be pronounced by 
the Court of Cassation, in full bench. 

Art. 102. The law shall regulate the mode of procedure against 
the President of the Republic, the secretaries of State and the judges 
in the case of crimes or offenses committed by them either in the 
exercise of their functions or outside thereof. 

CHAPTER IV. COMMUNAL INSTITUTIONS. 

Art. 103. There shall be one council for each commune. 

The president of the communal council has the title of communal 
magistrate. 

This institution shall be regulated by law. 

The law shall determine in the communes or in the arrondisements 
the civil officials who shall represent directly the executive power. 

Art. 104. The following principles must form the bases of the 
communal institutions: 

1. The election by the primary assemblies of the communal coun- 
cils every tw^o years. 

2. The attribution to the communal councils of all that may be 
of interest to the commune, subject, however, to subsequent ap- 



310 CONSTITUTIONS OF THE STATES AT WAE. 

proval of their acts in the cases and in the manner determined by 
law. 

3. The publicity of the meetings of the councils within the limits 
established by law. 

4. J'he publicity of budgets and accounts. 

5. The intervention of the executive power to prevent the coun- 
cils from going beyond their attributions and doing injury to the 
general interests. 

Art. 105. The communal magistrates shall be paid by their com- 
mune. 

Art. 106. The communal council shall not spend every month more 
than one twelfth of the total amount voted for its budget. 

CHAPTER V. — ^PRIMARY ASSEMBLIES. 

Art. 107. The primary assemblies shall meet without previous 
convocation in their respective communes on 10 January of each 
even-numbered year in the manner and form established by law. 

They shall have for their object the election, at the times fixed by 
the Constitution, of the deputies of the people, the senators of the 
Republic, the communal councilors, and to decide on the amendments 
proposed to the Constitution. 

They shall not take cognizance of any other matters than those at- 
tributed to them by the present Constitution. 

They are bo^ind to adjourn sine die as soon as this object is ac- 
complished. 

Art. 108. The law establishes the conditions required to exercise 
the right of suffrage in the primary assemblies. 

Title IV. — Finances. 

Art. 109. The imposts for the benefit of the State and of the 
communes shall only be established by a law. 

No charge shall be levied on the communes except upon the formal 
consent thereof. 

Art. 110. The laws establishing the imposts shall be enforced only 
for one year. 

Art. 111. No distinction in regard to imposts shall ever be made. 
No exemption, no increase or decrease of imposts shall be made 
except by a law. 

Art. 112. No pension, gratuity, subvention or subsidy of any kind, 
to be paid by the public treasury, shall be granted except by virtue 
of a law proposed by the executive power. 

Art. 113. The simultaneous holding of offices under the pay of the 
State is formally prohibited, except positions in secondary or higher 
education. 



HAITI. 311 

Art. 114. The budget submitted by each secretarj' of State shall be 
divided into chapters and must be voted by articles. 

The shifting of appropriations is forbidden. 

The Secretary of State for Finance shall be bound, on his personal 
responsibility, not to disburse each month, for the benefit of each 
ministerial department, more than one twelfth of the amount appro- 
priated in its own budget ; an exception may be made for extraordi- 
nary cases by decision of the Council of the Secretaries of State. 

The general accounts of the receipts and expenditures of the Re- 
public shall be kept by the Secretary of State for Finance under the 
system of accounting to be established by kw. 

The fiscal year begins on 1 October and ends on 30 September of 
the following year. 

Airr. 115. Every year the legislative body shall settle: 

1. The accounts of receipts and expenditures for the preceding 
year or vears. 

2. The general budget of the State containing the rough estimate 
and the portion of the funds assigned annually to each secretary of 
State. But no resolution or amendment shall be introduced with the 
budget for the purpose of reducing or increasing the salaries of 
public officials. 

All changes of this nature shall onlv be effected bv an amendment 
of the law. 

Art. 116. The general accounts and the budgets pro\nded for in 
the pi'eceding article should be submitted to the legislative body by 
the Secretary of State for Finance at the latest within eiglit days of 
the opening of the legislative session. 

The examination and the liquidation of the accounts of the general 
administration and of all accounts against the public treasury shall 
be made according to the manner established by law. 

Art. 117. In case the legislative body, for any reason whatever, 
should fail to approve the budget of one or more of the ministerial 
departments before its adjournment, the budget or budgets of the 
interested departments in force for the current budgetary year shall 
be maintained for the following budgetary year. 

Title. V. — The Piblic Force. 

Art. lis. An armed force to be known a-^ the (rnuliirDU ne iP Haiti 
«hall be established to preserve order, guarantee the rights of the 
people and police the cities and the coimtry. 

It shall be the only aimed force of the Kepublic. 

Art. 119. The regulations for the maintenance of discipline in the 
CJendar...! i Ic u:\([ the repression of the offenst»s committed by those 
who compo>e it shall l)e establisiied by the executive power. These 
regulations shall have the force of law. 



312 CONSTITUTIONS OF THE STATES AT WAK. 

These regulations shall establish the organization of the courts 
martial of the Gendarmerie, shall prescribe their powers and shall 
determine the obligations of tlieir members and the rights of the 
individuals who are to be judged by them. 

The sentences pronounced by courts martial of the Gendarmerie 
shall be subject only to revision by the Court of Cassation, and this 
revision shall be confined to questions of jurisdiction and of excess 
of powers. 

Title VI. — General Provisions. 

Art. 120. The national colors shall be blue and red horizontally 
placed. 

The coat of arms of the Republic shall consist of a pahn tree sur- 
mounted by a cap of liberty adorned by a trophy with the legend: 
" L'Union fait la force.'' 

Art. 121. No oath shall be required except by virtue of the Consti- 
tution or of a law. 

Art. 122. The national holidays shall be: That of the Independ- 
ence, 1 January, and that of Agriculture, 1 May. 
The legal holidays shall be determined by law. 

Art. 123. No law% decree or rule of the public administration shall 
be obligatory until it has been published in the form established 
by law. 

Art. 124. All elections shall be made by secret ballot. 

Art. 125. The state of siege shall not be declared except where the 
external or internal security is in imminent peril. 

The act of the President of the Republic declaring a state of siege 
must be countersigned by the majority of the secretaries of State 
present in the capital. 

An account shall be rendered of it at the opening of the houses 
by the executive power. 

Art. 126. The effects of the state of siege shall be regulated by a 
special law. 

Art. 127. The present Constitution and all the treaties actually in 
force or to be concluded hereafter, and all the laws decreed in accord- 
ance with this Constitution or with these treaties, shall constitute 
the law of the country, and their relative superiority shall be deter- 
mined by the order in which they are here mentioned. 

All the provisions of the laws which are not contrary to the pro- 
visions of this Constitution or to the treaties actually in force or to 
be concluded hereafter, shall be maintained until they have been 
formally abrogated or amended ; but those which are contrary thereto 
shall be and shall remain abrogated. 



HAITI. 313 

Title \T^I. — The Revision of the Coxstitution. 

Art. 128. The amendments of the Constitution must be adopted 
by the majority of votes of all the electors of the Republic. Each of 
the two branches of the legislative power, or the President of the 
Republic, through a message to the legislative power, may propose 
amendments to the present Constitution. 

The amendments proposed shall not be subject to popular ratifica- 
tion until after their adoption by a two-thirds majority of each legis^ 
lative house sitting separately. 

These amendments shall then be publi^ed immediately in the 
Mordteur. 

For three months before voting on the proposed amendments, the 
texts thereof shall be posted by each communal magistrate in the 
principal public places of his commune, and shall be printed and 
published twice a month in the newspapers. 

At the next biennial session of the primary assemblies, the pro* 
posed amendments shall be submitted to vote, one by one, by yeas and 
nays, in secret and separate ballot, and those amendments which 
should have obtained the absolute majority of Aiotes in all the terri- 
tory of the Republic shall become an integral part of the Constitu- 
tion from the day on which the legislative body convenes. 

SPECIAL ARTICLE. 

All the acts of the Government of the United States during its 
military occupation of Haiti are ratified and validated. 

A. No Haitian shall be amenable to civil or criminal prosecutions 
by reason of any act executed by virtue of orders received during the 
occupation or under its authority. 

The acts of the courts martial during the occupation shall not be 
subject to revision, without prejudice, however, to the right of 
pardon. 

The acts of the executive power performed up to the promulga- 
tion of the present Constitution are likewise ratified and validated. 

Title VIII. — ^Transitort Provisions. 

Art. a. The duration of the mandate of the citizen President of 
the Republic at the moment of the adoption of the present Constitu- 
tion shall come to an end on 15 May 1922. 

Art. B. The duration of the mandate of the communal councilors 
existing at the time of the adoption of the present Constitution shall 
come to an end in January, 1920. 

Art. C. The first election of members of the legislative body after 
the adoption of the present Constitution shall take place on 10 Janu- 
ary of an even-numbered year. 

88381—19 ^21 



t 



814 CONSTITUTIONS OF THE STATES AT WAK. 

The year shall be fixed by a decree of the President of the Re- 
public published at least three months before the meeting of the 
primary assemblies. 

The session of the legislative body then elected shall convene on 
the constitutional date immediately following the first election. 

Art. D. a Council of State, created in accordance with the same 
principles as those of the decree of 5 April 1916 and composed of 
21 members distributed among the different departments, shall exer- 
cise the legislative power until the legislative body is constituted, on 
which date the Coimcil of State shall cease to exist. 

Art. E. The irremovability of judges shall be suspended for a 
period of six months beginning from the date of the promulgation 
of the present Constitution. 



HONDURAS. 

The first separate Constitution of the Eepublic of Honduras dates 
from 11 December 1825. After the dissolution of the Central Ameri- 
can Federation, Honduras remodeled its Constitution on 11 January 
1839. This Constitution has been modified on several occasions: 4 
February 1848, 29 September 1865, 23 December 18T3, 1 November 
1880* and 14 October 1894. But the wars and dictatorships which 
succeeded each other almost without interruption for fifty years 
have caused the suspension or non-observance of these texts, the 
majority of which have remained dead letters. The Constitution in 
force today is still that of 1894. Replaced by a new Constitution 
on 2 September 1904,* it was restored' shortly after with a single 
modification (abolishment of the institution of the jury).* 



COHSTITTrTION OF 14 OCTOBE& 1894.' 

[Preamble.] 

We, the representatives of the people of Honduras, having assem- 
bled to formulate the fundamental law of the nation, declare and 
sanction the following Political Constitution. 

Title I. — The Nation. 

Articlb 1. Honduras is a State disjoined from the Republic of 
Central America. In consequence, it recognizes as a most pressing 
necessity its reunion with the other States of the dissolved Republic. 
To this effect the legislative power is authorized to definitively ratify 
the treaties which aim to accomplish this reunion with one or more 
of the States of the old Federation. 

Art. 2. Honduras is a free, sovereign and independent nation. 

Art. 3. The national sovereignty resides essentially in the univer- 
sality of Hondurans. 

1 English translation In the British and Foreign State Papers, 71 : pp. 906-921. 

• Spanish text and English translation in parallel columns In J. I. Rodbioubi, American 
Constitutions (Washlncrton, 1906), toI. i, pp. 860-389. BngUsh translation also In tbs 
British and Foreign State Papers, 100 : pp. 1072-1089. 

*See Mensaje del Presidents (Tegucigalpa, 1909), p. 10. 

«Thl8 Introdnctory paragraph Is based upon F. B. Dabbsti st P. Dabbbtb, Les Con- 
sHtutions modemes (8d edition, Paris, 1910), vol. ii, pp. 668-564. 

* Translated by Antonio M. Opisso from the official Spanish text. 

815 



316 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 4. All public power emanates from the people. The func- 
tionaries of the State have no further authority than that expressly 
given to them by law. All acts executed by them outside of the law 
are null. 

Art. 5. The limits of Honduras and its territorial divisions shall 
be determined by law. 

Title II. — ^Hondxjrans. 

Art. 6. Hondurans are either natives or naturalized. 

« 

Art. 7. The following are natives : 

1. Those who are bom in Honduras of Honduran parents. 

2. Children bom in Honduras of foreigners domiciled there and 
children of a Honduran father or mother born abroad who should 
choose Honduran nationality. 

The provisions of the last paragraph may be modified by treaty, 
provided there is reciprocity. 

Art. 8. Children of the other Republics of Central America who 
declare before the highest political departmental authorities their 
desire to become Hojidurans are considered as natives. 

Art. 9. The following are naturalized : 

1. Spanish- Americans who have resided one year in the country 
and who declare, before the proper authority, their desire to be nat- 
uralized therein. 

2. Other foreigners who have resided two years in the country 
and who declare, before the aforesaid authority, their desire to be 
naturalized therein. 

3. Those who obtain naturalization papers from the authority 
designated by the law. 

Title III. — Foreigners. 

Art. 10. The Republic of Honduras is a sacred asylum for all who 
may take refuge in its territory. 

Art. 11. Foreigners, from the moment of their arrival in the ter* 
ritory of the Republic, are obliged to respect the authorities and to 
observe the laws. 

Art. 12. Foreigners enjoy in Honduras all the civil rights of Hon- 
durans. 

Art. 13. They may acquire every kind of property in the country ; 
but with regard to their property, they shall be subject to all the 
ordinary taxes and to those extraordinary taxes of a general charac- 
ter to which Hondurans are liable. 

Art. 14. They shall not present claims or demand any indemnity 
from the State except in such cases and in such form as Hondurans 
may do so. 



HOKDT7BAS. 317 

Art. 15. Foreigners shall not have recourse to diplomatic interven- 
tion except in cases of denial of justice. For this purpose a judicial 
decision unfavorable to the claimant is not understood to be a denial 
of justice. If, in contravention of this provision, they do not termi* 
nate their claims in an amicable manner and cause injury to the coun- 
try, they shall forfeit the right to live therein. 

Abt. 16. Extradition shall be granted only by virtue of a law or 
of treaties, for serious common crimes; never for political crimes, 
even if, in consequence of the latter, a common crime should ensue. 

Art. 17.. The laws shall establish the form and the cases in which 
a foreigner may be denied entry into the territory of the nation, or 
his expulsion ordered, because of his being considered pernicious. 

Art. 18. Laws and treaties shall define the use of these guarantees, 
without the power to diminish or alter them. 

Art. 19. The provisions of this title do not modify the treaties now 
existing between Honduras and other nations. 

TmjB IV. — CmzENs. 

Art. 20. All Hondurans over 21 years of age, and those over 18 
who are married or know how to read and write, are citizens. 

Art. 21. The following are the rights of the citizen: To vote, to 
apply for public offices and to possess and carry arms, all in accord- 
ance with the law. 

Art. 21. The rights of citizenship are suspended : 

1. By an order for imprisonment or a declaration that there 
are grounds for indictment. 

2. By vagrancy legally established. 

8. By disorder of the metal faculties judicially established. 

4. By a sentence depriving the subject of political rights, during 
the service of such sentence. 

5. By having been declared a fraudulent debtor, until judicial 
rehabilitation is obtained. 

6. By a sentence which imposes a penalty higher than a cor- 
rectional penalty. 

7. By accepting employment from foreign States without per- 
mission of the proper authorities. The Republics of Central Amer- 
ica are not considered foreign States. 

Art. 23. Active suffrage can not be renounced and is obligatory 
to all citizens. 

Art. 24. Suffrage shall be direct and secret. Elections shall be 
carried out in the form prescribed by law, and the law shall give 
a corresponding representation to minorities. 

Art. 25. Only citizens over 21 years of age, who are in the exercise 
of their rights, can qualify for election. 



318 CONSTITUTIONS OF THE STATES AT WAK. 

Title V. — ^Bights and Guarantees. 

Art. 26. The Constitution guarantees to all the inhabitants of 
Honduras, whether nationals or foreigners, the inviolability of hu- 
man life, individual security, liberty, equality and property rights. 

INVIOLABILITT OF HUMAN LIFE. 

Art. 27. Capital punishment is absolutely abolished in Honduras. 

individual security. 

Art. 28. The Constitution recognizes the guarantee of habeas 
corpus. Consequently every person illegally detained, or any other 
person in his name, has the right to have recourse to the court, ver- 
bally or in writing, demanding the production of the person. 

Art. 29. Every person has the right to ask for protection against 
any attempt or arbitrary proceedings of which he may be a victim, 
and to make effective the exercise of all the guarantees which this 
Constitution establishes, when he has been wrongfully restrained 
in the enjoyment thereof, by law or by the acts of any public au- 
thority, agent or functionary. 

Art. 30. A warrant of arrest which does not emanate from the 
competent authority, or which has been issued without the legal 
formalities, is illegal. 

Art. 31. Detention for the purpose of inquiry shall not exceed six 
days. 

Art. 32. The solitary confinement of the person detained shall not 
exceed 24 hours. 

Art. 33. No order for imprisonment may be made without full 
proof before the arrest that a crime has been committed which is 
punishable with a penalty higher than a correctional penalty and 
without at least reasonable presumption as to who the author is. 

Art. 34. Imprisonment or arrest is permitted, through sentence or 
judicial order, in such cases and for such periods as are provided by 
the law. The judicial order shall not be for a period exceeding 30 
days. 

Art. 35. An offender in fidgrcmte delicto may be apprehended by 
any person for the purpose of handing him over immediately to the 
authority having the right to arrest. 

Art. 36. No one may be imprisoned or detained except in such 
places as the law determines. 

Art. 37. Even with a warrant for imprisonment, no one can be 
taken to prison, or detained therein, if he furnishes sufficient bail, 
when a greater penalty than three years is not applicable for the 
offense. 



HONDURAS. 319 

Art. 38. No one may be judged by special commissions or by 
judges other than those designated by the law. 

Abt, '39. Imprisonment for debts is forbidden except in cases of 
fraud. 

Abt. 40. The right of defense is inviolable. 

Art. 41. In criminal cases no one can be obliged to give evidence 
against himself or against his spouse or relatives within the fourth 
degree of consanguinity or the second degree of affinity. 

Art. 42. No one may be molested or prosecuted on account of his 
opinions. Private actions which do not interfere with morality or 
public order, or which do not injure third parties, will always be 
beyond the action of the law. 

Art. 43. Whipping or beating with cudgels and all kinds of tor- 
ture are absolutely forbidden. Unnecessary imprisonment and all 
undue rigor are also forbidden. 

Art. 44. The dwelling of every individual is a sacred asylum 
which shall not be forcibly entered except by the authorities in the 
following cases: 

1. To take out of it a criminal surprised in -flagroMe delicto. 

2. When an offense is committed inside of the dwelling; when 
some scandalous disturbance requiring prompt remedy has taken 
place therein, or when so requested from the interior of the house, 

3. In case of fire, earthquake, flood, epidemic or any other 
analogous emergency. 

4. To release a person unlawfully sequestered. 

5. To remove objects sought by virtue of a process, provided 
there is at least partial proof of the existence of said objects, or to 
execute a judicial order legally issued. 

6. To arrest parties whose imprisonment or detention has been 
ordered, provided there is at least partial proof that they are con- 
cealed in the house to be forcibly entered. 

In the two cases last mentioned the forcible entry shall not take 
place without the written order of the competent authority. 

Art. 45. When the dwelling place to be entered is not the domicile 
of the party pursued, the authority or its agents shall previously 
Qrsk the permission of the tenant. 

Art. 46. The forcible entry of a domicile in those cases which re- 
quire a written order shall not be made between the hours of seven 
o'clock in the evening and six o'clock in the morning. 

Art. 47. Private correspondence by letter or telegram, private 
papers and commercial books are inviolable. In no case shall the 
executive power or the agents thereof intercept, open or detain 
private letters or telegrams. Corre^ondence intercepted, whether 
at post-offices or any other place, shall not be admitted in evidence. 



820 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 48. Private correspondence, papers and books shall only be 
seized by order of a competent court in the cases, whether civil or 
criminal, which the law may determine; said correspondence must 
be examined in the presence of the person possessing it, or if absent, 
in the presence of two witnesses, and those papers which have no 
bearing upon the matter under investigation shall be returned. 

Art. 49. The enactment of laws providing for proscription, con- 
fiscation or the establishment of infamous or perpetual penalties is 
hereby forbidden. The duration of the penalties shall not exceed 
fifteen years. 

Art. 50. Laws shall not have retroactive effect except in criminal 
cases, where the new law is favorable to the delinquent. 

Akt. 51. The police foi'ce shall only be entrusted to the civil 
authorities. 

Art. 52. No penalty higher than correctional shall be imposed ex- 
cept after a jury has found the delinquent guilty. 

ZjEBERTT. 

Art. 53. A slave who enters on the territory of Honduras becomes 
free. Slave traffic is a crime. 

Art. 54. The free exercise of all religions, limited only by morality 
and public order, is guaranteed. 

Art. 55. The civil status of persons shall not be subject to any 
specified religious belief. 

Art. 56. The expression of thought, written or spoken, is free, 
and the law shall not restrict it. Neither shall the law prevent the cir- 
culation of national or foreign printed matter. Offenses committed 
through the press shall be previously qualified by the jury. 

Art. 57. Free education is guaranteed. Education supported by 
public funds shall be laical, and primary education shall be also 
gratuitous, obligatory and subsidized by the State. The law shall 
regulate education without restricting its liberty or the independence 
of its professors. 

Art. 58. The liberty of meeting imarmed and of forming associa- 
tions for any legal object is guaranteed. The establishment of any 
kind of monastic associations is forbidden. 

Art. 59. All industries are free. Only spirits, gunpowder, salt- 
peter and tobac<;o can be made a monopoly for the benefit of the 
nation. 

Art. 60. Monopolies, privileges and concessions can only be estab- 
lished for a limited time for the purpose of stimulating the intro- 
duction or improvement of new industries, colonization or emigra- 
tion, institution of credit and the opening up of means of com- 
munication. 



HoisrDnBA& 88 1 

AsT. 61. Erery one is at liberty to dispose of his property, in ac- 
ccM^danoe with the civil law, by sale, donation, will or any other legal 
title. 

Art. 62. Entails and all institutions in favor of reUgious estab- 
lishments are prohibited. 

Art. 63. Any person or collection of persons has the right to ad- 
dress petitions to the legally established authorities for their decision 
and to be informed thereof. 

Abt. 64. Every one is at liberty to enter, remain in, traverse and 
quit the territory of the nation without a passport. 

EQUAUTT. 

Abt. 65. In law there are no charters or perscmal privileges. The 
ministers of the different religious societies shall not hold public 
offices. 

Art. 66. Proportionality shall be the basis of direct taxation. 

PROFERTT. 

Art. 67. No one shall be deprived of his property except by virtue 
of a law or of a sentence founded on law. Expropriation, when 
necessary or for public utility, must be authorized by law or by a 
sentence founded on law, and shall not take place without previous 
compensation. In case of war previous compensation is not indis- 
pensable. 

Art. 68. All authors or inventors enjoy the exclusive ownership 
of their work or inventions for such period as the law determines. 

Art. 69. The right of recovery of confiscated property prescribes 
after fifty years. 

Art. 70. Congress alone shall impose national taxes. 

Art. 71. No personal service can be exacted except by virtue of the 
law or a sentence founded on law. 

GENERAL PROVISIONS. 

Art. 72. The enumeration of rights and guarantees made in this 
Constitution does not exclude other rights and guarantees not enu- 
merated but arising from the principle of sovereignty of the people 
and of the republican form of government. 

Art. 73. The laws which regulate the exercise of these guarantees 
shall become ineffective in so far as they diminish, restrict or alter 
them. 

Art. 74. In case of external war a state of siege may be declared 
in the whole Republic or any part thereof. The latate of siege will 



322 CONSTITUTIONS OF THE STATES AT WAR. 

last as long as the circumstances which caused it may require; but 
shall not exceed sixty days without a fresh declaration, and shall 
never alter the guarantees as set forth in Articles 27, 43 and 49. 

The state of siege shall also be declared in case of disturbances of 
the public peace in the interior, being limited to the place or to the 
territory where disturbances of the order exist, and may be extended 
if so required for the security of the Republic. 

Art. 75. In case of an epidemic, sanitary regulations may be issued 
in opposition to or in restriction of the guarantees contained in 
Articles 44, 47, in so far as relates to the detention of correspondence, 
58, 64 and 71. 

Title VI. — The Form of Government. 

Art. 76. The government of Honduras is republican, democratic 
and representative. It is exercised by three independent powers: 
Legislative, executive and judicial. 

Art. 77. None of the constituted powers shall perform any acts 
altering the established form of Government or impairing the in- 
tegrity of the territory or the national sovereignty. 

TmjB VII. — ^Thb Legislativb Power. 

Art. 78. The legislative power is exercised by a Congress of 
Deputies which will assemble in the capital of the Republic on tha 
first of January of each year without need of previous convocation. 

Art. 79. The sessions of Congress shall last sixty days and may be 
extended for forty days more, when so required by matters of actual 
interest. 

Art. 80. Congress shall also hold extraordinary sessions when con- 
voked by the executive, in which case it will occupy itself solely with 
the business stated in the decree convoking it. 

Art. 81. After Congress has been installed in the capital, it may 
resolve to move to another place. 

Art. 82. On the twenty-first- day of December of each year the 
deputies shall assemble in preparatory meetings, and with the concur- 
rence of five at least they shall organize the directory, in order to 
issue the necessary orders for the installation of Congress. 

Art. 83. Two thirds of the members composing Congress shall be 
suflScient to constitute a quorum. 

Art. 84. Five deputies may convoke an extraordinary session of 
Congress at any place in the Republic, whenever the executive has 
prevented its sessions or has dissolved them. 

Art. 85. Deputies shall be elected for four years and may be re- 
elected indefinitely. Every two years they shall be renewed by 
halves. The first renewal shall be made by lot, and the subsequent 
ones by order of seniority. 



Hoin)URA&. 823 

Art. 86. The following shall not be elected deputies : 

1. The secretaries and under-secretaries of State. 

2. Tlie employees of the executive power who exercise general 
or departmental jurisdiction. 

3. Soldiers in service. 

4. Contractors for public works or services paid for with funds of 
the State, and those who by reason of said contracts may have claims 
in their own interest. 

5. Debtors in arrears of the public treasury, and those who have 
pending accounts for the administration of its funds. 

6. The relatives of the President of the Republic within the fourth 
degree of consanguinity or the second degree of affinity. 

Art. 87. Deputies from the day of their election shall enjoy th« 
following prerogatives : 

1. Personal immunity from being accused or sentenced without 
previous declaration of Congress to the effect that they may be prose- 
cuted. 

2. No civil action shall be brought against them from thirty days 
before, or until fifteen days after, the ordinary or extraordinary ses- 
sions of Congress, except in case of counter-claim. 

3. Not to be subject to military service without their consent 
from the time of election until the end of their term of office. 

4. Not to be banished from the Republic or held in confinement 
during the period for which they have been elected. 

5. Not to be responsible for their opinions or their parliamentary 
initiative. 

Art. 88. Deputies are not obliged to accept employment from the 
executive. Should they voluntarily accept any of the offices enumer- 
ated in Article 86, they shall ipso facto cease to be deputies and their 
successor shall be elected. 

Art. 89. The election of deputies to Congress shall take place on 
the basis of one sitting deputy and one substitute for every ten thou- 
sand inhabitants. In the event of there being fractions, their repre- 
sentation shall be determined by law. 

TrrLE VIII. — The Attributions of the Legisi^ative Power. 

Art. 90. The following attributions belong to Congress : 

1. To open and close its sessions, certify the elections of its 
members upon the presentation of their credentials and receive their 
promise ac^*ording to law. 

2. To summon the respective substitutes in case of the absolute 
non-attendance or legal disqualification of the sitting member and 
order the filling of the vacancies which may occur. 

3. To accept the resignation of its members for legal reasons 
duly approved. 



324 CONSTITUTIONS OF THE STATES AT WAB. 

4. To regulate its internal management. 

5. To decree, interpret, reform and abrogate laws. 

6. To create and suppress public offices, provide pensions and 
decree honors. 

7. To grant pardons and amnesties and commute sentences, 

8. To provide for everything relative to the security and defense 
of the Bepublic. 

9. To scrutinize the votes for the President and the Vice-Presi- 
dent of the Republic and the magistrates of the Supreme Court of 
Justice, and declare the election of those citizens who have obtained 
an absolute majority. 

10. In case of there being no absolute majority, to elect the 
President, Vice-President and magistrates from among the three citi- 
zens who have obtained for each office the greatest number of popular 
votes. 

11. When several elections concur in a single individual, prefer- 
ence shall be determined in the following order: 1. President; 2. 
Vice-President; 3. deputy; 4. magistrate. The election as a sitting 
member has preference over that of substitute. 

12. To receive the constitutional promise from the public officials 
it may elect or declare elected and to accept or refuse their resigna- 
tio^s. 

18. To designate every year three citizens to exercise the execu- 
tive, power in the order of their election in cases of vacancy of the 
Presidency or Vice-Presidency of the Republic, provided for in the 
Constitution. 

14. To declare that there are grounds for impeachment of the 
President, the Vice-President, deputies, magistrates of the Supreme 
Court, secretaries of State and diplomatic agents during the term of 
their offices. 

16, To change the residence of the supreme powers for grave 
reasons. 

16. To decree rewards and grant temporary privileges to au- 
thors and inventors and to such as introduce or improve new in- 
dustries of general utility. 

17. To decree subsidies to promote new industries or improve 
existing ones. 

18. To grant subventions for purposes of public utility. 

19. To grant or refuse permission to Hondurans to accept em- 
ployment from other nations. 

20. To approve or disapprove the conduct of the executive. 

21. To approve, modify or disapprove the contracts entered into 
by the executive in the cases provided for in Article 60, or when their 
effect has to be extended to the following presidential term. 



22. To approve, modify or disapprove the treaties concluded 
with other nations. 

23. To regulate land and maritime commerce. 

24. To approve or disapprove the accounts of public expendi- 
tures. 

25. To fix annually the budget of expenditures, taking the prob- 
able revenues as a basis thereof. 

26. To levy taxes. 

27. To regulate the payment of the national debt. 

28. To decree the alienation of national property or its applica- 
tion to public uses. 

29. To contract loans. 

80. To open ports and to create and suppress custom-houses. 

81. To decree the weight, fineness and type of national cur- 
rency. 

82. To declare war and conclude peace. 

33. To fix in each ordinary session the number of the forces of the 
permanent army. 

34. To allow or forbid the passage of troops belonging to another 
country' through the territory of the Republic. 

85. To declare the Republic or any part thereof in a state of 
siege in accordance with the law. 

36. To confer the rank of general of brigade or division on 
the recommendation of the executive. 

37. To grant naturalization papers to foreigners. 

38. To appoint the members of the Court of Accounts and the 
Fiscal General of the Treasury. 

Art. 91. The legislative power shall not settle or declare the civil 
status of persons or grant academic or literary degrees. 

Art. 92. The faculties of the legislative power, with the exception 
of those which refer to the installation of high public officials in office, 
can not be delegated. 

TrriiE IX. — The Formation, Sanction and PROMuiiOATioN or the 

Law. 

Art. 93. Only the deputies, the President of the Republic through 
the secretaries of State and the Supreme Court of Justice in matters 
of its competence can introduce laws. 

Art. 94. No bill shall be definitively voted until it has been con- 
sidered three times on separate days except in cases of urgency sup- 
ported by two thirds of the votes. Every proposal having for its 
object to declare the urgency of a law must be preceded by a state- 
ment of the motives on whidi it is founded. 



326 CONSTITUTIONS OF THE STATES AT WAB. 

Akt. 95. Every bill, as soon as it is approved by Congress, shall 
be dispatched to the executive, at the latest, within three days after 
it has been passed, so that the executive may sanction it and may 
cause it to be promulgated as law. ' 

Art. 96. The promulgation of a law shall be effected with the 
following formula : " Therefore, let it be carried out," 

Art. 97. Should the executive power find reasons for not sanction- 
ing the bill, it shall be returned to Congress within ten days with the 
formula, " Return to Congress," setting forth the reasons upon which 
it bases its disapproval. If, within the said period it does not 
object, the bill shall be held to be sanctioned and shall be promul- 
gated as law. Should the executive returu the bill. Congress shall 
subject it to a reconsideration; and if it is ratified by two thirds of 
the votes, it shall be dispatched again to the executive with this 
formula : " Ratified constitutionally " ; and the executive shall publish 
it without delay. 

Art. 98. If Congress votes a bill at the end of its sessions which 
the executive considers advisable not to sanction, the latter is obliged 
immediately to inform Congress, so that it may remain assembled 
for ten days beginning from the day the executive received the biU ; 
and should this not be done, the law will be considered as sanc- 
tioned. 

Art. 99. The sanction of the executive is not necessary for the fol- 
lowing acts or resolutions : 

1. For elections made or declared by Congress, or for resigna- 
tions accepted or refused by it. 

2. For declarations that there are grounds for indictment. 

3. For the budget law. 

4. For decrees relating to the conduct of the executive. 

5. For the rules it may form for its internal management. 

6. For resolutions to temporarily change its residence to some 
other place and to suspend or extend its sessions. 

7. For treaties or contracts which Congress disapproves. 
Art. 100. Whenever a bill not introduced by the Supreme Court 

of Justice has for its object the reformation or abrogation of any 
of the provisions contained in the Codes of the Republic, it shall not 
be discussed without hearing first the opinion of that tribunal. The 
court shall publish its report within such period as Congress may 
designate. This provision does not extend to laws of political, eco- 
nomic or administrative character. 

Title X. — ^The ExEcimvE Power. 

Art. 101. The executive power is exercised by a citizen who is 
called President of the Republic; in default thereof, by a Vice- 



PresideBU and in defudt of the kiMr. bv one of ike IVc^i|n[i«t<^ in 
the order of their appointment. 

Akt. lOi The President, the Vice-President and the l>t^i|n>ate 
AQst be citizens in the exercise of their njrht& over dl Teai^ of ajfe 
and natives of Honduras. 

Aar. l(Vi. The President and Vice-President §hall l^ ele^^te^i bv 
pc^ular and direct vote^ and their election ^all W \leclareti bv t\M^- 
gress, as is pr^cribed. 

Akt. 104r. The presidential term shall be for four \x^rs and shall 
commence on 1 Febniarv. 

A citizen who has proprietorially exercised the P!H*.^ulencY sh^ll 
not be reelected nor be elected Vice-President for the foUowii\jt 
term. Neither shall his relatives within the fourth dejyree of ctm- 
sangoinity or the second d^ree of afBnity be electe^l Pi»sident or 
Vice-President* 

Art. 1Q5. No citizen who has occupied the oonstitutioiml Pivsi* 
dency during the last six months of the presidential tmu, nor hi« 
relatives within the degrees stated in the foregoing «rtioU\ shall U^ 
elected President. 

Akt. 106. In case of absolute default of the Pit*sident of the Re- 
public, the executive power shall be in charge of the Vice-Pivsidcnt 5 
and in default of the latter, the corresponding Designates in the 
order of their election. The Designate shall finish out the pi'esi- 
dential term, should such vacancy occur within the last year; but 
should it occur before the first three years have elapscnl, a new 
presidential election must be proceeded with one month after the 
vacancy has occurred. In case of temporary disability, the func^tions 
of the President shall be exercised by the Vico-Presidont and the Des- 
ignates in the order of their election. 

Art. 107. Until the person designated by law has taken charge 
of the Presidency, the executive power shall be exeirised by tlm 
(Council of Ministers, and the latter shall imme<liately call the new 
official to give him charge of office, if Congress has not assomhlcMi. 

Title XI. — ^The Duties and ATTRiBimoNS op the ExEcimvK Powwa, 

Art. 108. The President of the Republio has the general adminiH- 
tration of the country. His attributions are : 

1. To exercise command as chief of the land and naval forces, 

2. To defend the independence and the honor of the nation, and 
the integrity of its territory. 

3. To carry out and provide for the fulfillment of the laWN, in- 
suing for this purpose the necessary decrees and orders without alU^r- 
ing their spirit. 



828 CONSTITUTIONS Oj^ THE STATES AT WAB. 

4. To appoint thtf secretaries and under-secretaries of State and 
the other officials of the executive department, in accordance with 
the law. 

5. To preserve the internal peace and security of the Republic^ 
and to repel all external attack or aggression. 

6. To give to the officials of the judicial power the force and 
assistance which they may require to make their decisions effective. 

7. To remove officials of his own free appointment. 

8. To see that all officials of the Republic fulfill the duties which 
are imposed upon them by law, without interfering in the exercise of 
their functions. 

9. To grant amnesties, whenever public convenience demands it, 
during the recess of Congress. 

10. To commute sentences in accordance with the law during 
the recess of Congress. 

11. To convoke Congress to extraordinary sessions or to pro- 
pose the pr6rogation of the ordinary ones. 

12. To declare war and make peace and to permit or forbid the 
passage of troops of another, country through the territory of the 
Republic, when circumstances do not permit the assembling of Con- 
gress to decide the matter. 

18. To submit through the respective secretaries of State, within 
the first eight days after the assembling of Congress, a detailed re- 
port or memorial of all the branches of the administration, 

14. To conclude treaties and any other diplomatic negotiations, 
submitting them to the ratification of Congress at the next session. 

15. To direct foreign relations, to appoint diplomatic and con- 
sular agents of the Republic, and to receive ministers and admit 
consuls of foreign nations. 

16. To cause the revenue of the State to be collected and to regu- 
late the disposal thereof in accordance with the law. 

17. In case of invasion or rebellion, if the resources of the State 
should be insufficient, to decree a general and proportional loan, 
voluntary or forced, of the disposal of which he shall give an ac- 
count to Congress at the next session. 

18. To confer military grades from sub-lieutenant to colonel 
and those of general of brigade and division on the field of battle 
to military officers who distinguish themselves by their conduct; 
submiting the appointments of generals to the approval of Congress 
at its next session. 

19. To dispose of the military forces and to organize and dis- 
tribute them in accordance with the law as the necessities of the Re- 
public may require. 

20. To grant letters of marque and reprisal. 



HONDURAS. S29 

21. To declare the Bepnblic or a part thereof in a state of siege 
in accordance with the law during the recess of Congress, with the 
obligation of rendering an account to Congress^ at its first meeting, 
of the use that he may have made of this power. 

22. To grant naturalization papers in accordance with the law. 

23. To grant or deny permission to Hondurans, during the iTcess 
of Congress, to accept employment from another nation. 

24. To direct and prcmiote public instruction and to pix)vide 
for the education of the people. 

25. To sanction the laws and exerc»ise the right of veto when 
necessary, and to promulgate without delay those legislative enact- 
ments which do not require the sanction of the executive. 

26. To order, during the recess of Congress, the filling of vacan- 
cies among the deputies and the magistrates of the Supreme Court in 
accordance with the law, at the latest one month after the vacancies 
have occurred. 

27. To appoint ad interim^ during the recess of Congi*ess, the 
members of the Court of Accounts and the Fiscal General of the 
Treasury. 

28. To publish monthly the report of receipts and expenditures 
of the public revenues. 

29. To keep watch on the legal exactness of the currency, and 
to look after the uniformity of weights and measures. 

30. To exercise the supreme command of the police force. 
Abt. 109. The orders of the executive power which do not emanate 

from the corresponding ministry shall not be obeyed. The Presi- 
dent and the ministers shall be jointly responsible for the orders 
they may issue in contravention of the Constitution and the laws. 

Art. 110. Whenever the President of the Republic may consider 
it advisable to place himself at the head of the army, he shall en- 
trust the executive power to the citizen who must replace him under 
the Constitution; and he shall become invested only with the char- 
acter of General-in-Chief and with the attributions of Commanding 
General. 

TiTLB XII. — ^Tbb Sbcbbtabibs or Statb. 

Art. 111. There shall be from three to six secretariea of State^ 
and the executive shall apportion between them the transaction of 
business. 

Art. 112. The secretaries of State must be native or naturalized 
Hondurans and over 21 years of age. 

Art. 113. The following shall not be secretaries of State: Con- 
tractors of public works or services who are to be paid by the nation; 
those who by reason of said contracts may hold claims for their own 



330 CONSTITUTIONS OF THE STATES AT WAB. 

interests ; debtors of the public treasury, and those who have accounts 
pending in favor of the latter, for administration of funds. 

Art. 114. The a^retariefi of State may assist at the deliberations 
of Congress without the right to vote, and they must attend whenever 
they are called, and answer the interpellations which any deputy 
may make to them in regard to administrative matters, excepting 
those of the Departments of War and of Foreign Selations, when 
tliey consider it necessary to maintain reserve, until Congress orders 
them to answer. 

Art. 115. The under-secretaries of State must have the same qual- 
ifications as the secretaries, and they shall substitute the latter by 
ministration of the law. 

Title XIII. — The Judicial Power. 

Art. 116. The judicial power of the Republic shall be exercised by 
a Supreme Court of Justice composed of five magistrates, who shall 
reside at the capital, and by the inferior courts and judges which the 
law establishes. 

Art. 117. To be a magistrate it is required to be a lawyer and over 
26 years of age. 

Art. 118. Magistrates of the Supreme Court shall be elected by the 
people, and may be reelected. 

Art. 119. Three substitute magistrates shall likewise be elected, 
who shall substitute for the sitting magistrates, and must have the 
same qualifications as the latter. In case the vacancy is absolute, the 
executive power shall issue a call for elections to fill the place of the 
sitting magistrate, and the election shall be declared by the Supreme 
Court. 

Art. 120. The Supreme Court of Justice shall appoint the magis- 
trates of the Courts of Appeals, the departmental and sectional in- 
ferior judges and the officials of the public ministry in accordance 
with the law. The justices of the peace shall be elected by popular 
vote in the respective nmnicipal districts. 

Art. 121. Persons who are related within the fourth degree of 
consanguinity or the second degree of affinity shall not be magis- 
trates or judges in the same tribunal. 

If two or more persons related within said degrees are elected, 
the one obtaining the highest number of votes shall be given pref- 
erence, and in case of equal number of votes, the one who is the 
senior lawyer shall be preferred. The election of the others shall 
be replaced. 

Art. 122. The term of office of magistrates, departmental or sec- 
tional judges and officials of the public ministry diall be four years 
and they shall take possession of their posts on 1 February. 



HONDURAS. 331 

Art. 123: The Supreme Court shall accept or refuse the resigna- 
tions of the officials of its appointment, and shall grant leave of ab- 
.sence both to the latter and to its own members. 

Departmental and sectional judges shall accept or refuse the 
resignations and grant leave of absence to the justices of the peace. 

Art. 124. The law shall regulate the organization and attributions 
of the tribunals of justice. 

Art. 125. The power to judge and to carry judgments into effect 
is vested in the courts and other tribunals of justice. It is their 
business to apply the laws in concrete cases legally brought before 
them, and to refuse to carry them out when they are contrary to the 
Constitution. 

Art. 126. A jury is established in those places where there are 
departmental or sectional judges who shall sit in all criminal cases 
which must be heard before a court o| record. The law shall regu- 
late this institution. 

Abt. 127. The Supreme Court of Justice, in addition to the at- 
tributions conferred upon it by law, shall exercise the following 
attributioDfi : 

1. To formulate its internal regulations. 

2. To take cognizance of official and common offenses, committed 
by high public officials, when Congress has declared that there are 
grounds for their indictment. 

3. To authorize the lawyers and notaries, licensed within or 
outside of the Republic, to exercise their profession, with the excep- 
tions established in the treaties, and to suspend them in accordance 
with the law. 

4. To declare that there are grounds f(^ impeachment of the 
members of the Court of Accounts, of the Fiscal General of the 
Treasury and of the principal national and departmental officials 
which the law may determine, for offenses committed by them in 
the discharge of their duties. 

5. To take cognizance of prize cases, extradition cases and other 
cases which should be judged in accordance with international law. 

Art. 128. Direct proceedings may also be established before the 
Supreme Court of Justice, against the constitutionality of a law in 
regard to matters not within the jurisdiction of the courts, by any 
person whose legal rights may be injured by reason of the applica- 
tion of that law in a concrete case. The law shall regulate the use 
of this recourse. 

Art. 129. The administration of justice in the Republic is gratu- 
itous. 

Art. 130. The members of the courts of justice shall not, during 
their term of office, hold any other office carrying jurisdictional 
powers. 



332 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 131. Courts of justice may demand the assistance of the 
armed forces for the enforcement of their decrees, and should this 
be denied them, or in case it is not available, they may require such 
assistance from the citizens. The public official who should unduly 
refuse to give assistance shall incur liability. 

Art. 182. No person having the free administration of his prop- 
erty may be deprived of the right to put an end to his civil cases 
through a compromise or arbitration. 

Art. 133. The same judge shall not act in his official capacity in 
different stages of the same case. 

Art. 134. No power or authority shall order ptoding suits to bo 
moved to its jurisdiction nor reopen cases which have terminated. 

Title XIV. — The Budget. 

Art. 135. The budget shall be voted by Congress according to the 
bill presented by the executive power. 

Art. 186. The bill for the budget shall be presented by the re- 
spective minister, within a fortnight after Congress is convened. 

Art. 137. All expenditures made outside of the law are illegal, and, 
incaseof failure to comply with their respective duties, the President, 
the respective minister,thememberBof the Court of Accounts, and the 
employees who intervened in the matter shaU be jointly responsible 
for the amount expended. 

Art. 138. The budget of the ordinary expenditures of the public 
administration shall not exceed the probable receipts estimated by 
the national Congress. 

Tctlb XV. — ^The Pubmc Treasury. 

Art. 139. The following form the public treasury of the nation. 

1. All its real and movable property. 

2. Any sums to its credit. 

3. The product of the duties, taxes and imposts. 

Art. 140. The executive power shall not enter into contracts of 
importance which may compromise the national treasury without 
the previous publication of the proposal in the official journal and 
the reception of public bids. Contracts which are made for the pur- 
pose of providing for the needs of war, and those which, from their 
nature, can only be entered with certain persons, are excepted. 

Art. 141. In order to fiscalize the administration of the national 
treasury, there will be a Higher Auditorship or Superior Court of 
Accounts whose attributions shall be to examine, approve or disap* 
prove the accounts of those who administer public funds, and to re- 
turn to the executive the orders which are not in accordance with 
the law for the purposes which may be determined by the law. 



HONDUBAS. 833 

Art. 142. The members of this Court must be over 21 years of 
age, and must not be creditors or debtors of the public treasury, nor 
have accounts pending therewith. Their number, organization and 
attributions shall be determined by law. 

Am*. 143. There will be a Fiscal General who shall represent the 
interests of the public treasury. His attributions shall be determined 
by law. 

TrrLE XVI— The Army. 

Art. 144. The public force is established to insure the rights of the 
nation, the compliance with the law and the preservation of public 
order. 

Art. 145. No armed body shall deliberate. Military obedience shall 
be regulated by law and military ordinances. 

Art. 146. Military service is compulsory. Every Honduran from 
21 to 80 years of age is a soldier in the active army, and from 80 to 
40 years of age, in the reserve. The law shall provide for the organi* 
zation of the militia, and shall establish the causes for exemption 
from service. 

Commissioned military officers, after reaching the age of 40 years, 
have the right to resign their commissions and become separated 
from the service. 

Art. 147. Military offenses shall be subject to military jurisdic- 
tion. , 

TlTIiB XVII. — ^ThB DBPARTMBNTAIi GOVERNMENT.. 

Art. 148. For the public administration the territory of the nation 
is divided into departments, the number and limits of which shall be 
determined by law. In each one of the said departments there shall 
be the officials which the law may determine. 

Art. 149. In the departmental government no one shall be per- 
mitted to exercise at the same time, unless ad interim and for a period 
not to exceed three months, political, military and treasury functions. 

Title XVIII. — ^The Municipal Government. 

Art. 150. The municipal government is autonomous, and shall be 
vested in municipal corporations directly elected by the people. 

The law shall regulate the organization and attributions of munici- 
pal corporations. The number of their members shall be propor- 
tional to their population. The attributions of municipal corpora- 
tions shall be purely economical and administrative. 

Art. 161. Municipal corporations shall levy, according to law, 
the local taxes, and shall manage the property and funds of the com- 
munity for the benefit of the same, rendering an account of their 



334 CONSTITUTIONS OF THE STATES AT WAR. 

administration to the Court establidied by law. They shall submit 
anually a detailed report of receipts and expenditures. 

Art. 152. Municipal corporations shall freely appoint their own em- 
ployees, and those police agents whose salaries are to be paid out of 
the municipal funds.- 

Art. 153. In the exercise of their own functions municipal corpo- 
rations shall be wholly independent of the other powers, but in no 
case shall they violate the general laws of the country. They shall 
be responsible before the courts of justice for any acts which they 
may commit collectively or individually. 

Art. 154. Municipal corporaticms have the power to commute, 
according to law, sentences imposed for misdemeanors. 

Municipal corporations have also 'the right to t»ke aetion 'on mat^ 
ters of police, sanitation and public instruction, provided said action 
is not in opposition to the Constitution and general laws. 

Art. 155. No member of the municipal corporations shaU be com- 
pelled to accept another position or be called to the military service. 

TrriiE XIX. — The Eesponsibilitt of Public Empix)tees. 

Art. 156. Every employee or public functionary, when entering on 

the discharge of his duties, shall make the following promise : 

I promise to be faithful to the Republic, and to comply and make others com- 
ply with the Constitution and the laws. 

Art. 157. Every public functionary is responsible for his own acts. 

Art. 158. The President of the Republic, deputies, justices of the 
Supreme Court, secretaries of State and diplomatic ministers shall be 
answerable before Congress for the offenses committed by them in 
the exercise of their functions. Congress, after following the course 
of procedure for such cases, determined by its rules, shall declare 
whether or not there are grounds for their indictment, in order to 
place the offender at the disposal of the competent court. The same 
declaration shall be required before instituting proceedings for com- 
mon offenses, against the President of the Republic, the secretaries 
of State and justices of the Supreme Court. 

Art. 159. Notwithstanding the approval which Congress may give 
to the conduct of the executive, the President and secretaries of State 
may be accused for official offenses. If these public officials have re- 
mained in the country, the right to bring such proceedings against 
them shall become prescribed five years after they have ceased in 
their office. 

Art. 160. Public employees who violate any of the rights and guar- 
antees set forth in this Constitution shall be civilly and criminally 
responsible. They may be accused without need of filing a bond 
for libel. They shall not be pardoned nor their seiltences commuted 



HONDURAS. 335 

within the constitutional period, nor during the following one. The 
offenses and the penalties which they may be liable for shall not pre- 
scribe until after the said two periods. 

Akt. 161. Whenever a public functionary, against whom a declara- 
tion should have been made to the effect that there are grounds for 
his indictment, should be acquitted, he shall be reinstated in the ex- 
ercise of his functions. 

Title XX. — Constitutional Laws. 

Art. 162. The following are constitutional laws: Press laws, laws 
regarding a state of siege, laws granting the right of asylum (am- 
paro) and electoral laws. 

TiTLB XXI. — Reforms of the Constitution and Constitutional 

Laws. 

Art. 163. The reforms of this Constitution shall only be effected 
by two thirds of the votes of the representatives in Congress in 
ordinary session setting forth the article or articles which need re- 
form, and stating whether or not the reform is to be absolute. 

As soon as the reform is decreed. Congress shall convoke a Con- 
stituent Assembly in order that the latter may proceed to reform it ; 
the decree containing the proposed reforms to be contained in the de- 
cree of convocation. 

Art. 164. The Constituent Assembly shall be elected in the same 
manner as Congre&s, and shall have the same number of repi'esenta- 
tives, with the same immunities. 

Art. 165. In no case shall a reform of the articles of the Constitu- 
tion forbidding the reelection of the President or of his substitute, 
and establishing the duration of the presidential term be decreed so 
as to be effective during the current term, or during the following 
term. 

Art. 166. The constitutional laws may be reformed in the same 
manner as the Constitution, or by two ordinary Congresses with two 
thirds of the votes. 

Art. 167. The National Constituent Assembly entrusts this Con- 
stitution, and the rights consecrated therein, to the patriotism of all 
Hondurans. 

Final Article. The present Constitution shall commence to take 
effect on 1 January 1895; the Constitution of 1 November 1880 
being annulled from that date.^ 

1 The BigoatoreB of 41 deputies follow. 



ITALY. 

The victorious campaigns of Napoleon in 1796 and 1797 constituted 
the starting-point of a series of political revolutions in Italy which 
ended in the successive annexation of all the parts of Italy to the 
Kingdom of Sardinia and the formation of the Kingdom of Italy 
in 1861. From 1797 to 1849 there were 23 constitutions or statutes in 
force in Italy. Of all of these the Stafuto fondamentale of the King- 
dom of Sardinia of 4 March 1848 was the only one to survive and it 
still forms the Constitution of the Kingdom of Italy. This Statute, 
promised by King Charles Albert in a famous proclamation of 18 
February 1848, was published the following month and was put into 
force in the annexed territories by successive decrees.* Many of the 
provisions of this Statute have fallen into disuse, although not ex- 
pressly repealed. In this number are generally clasvsed Articles 1, 28 
(Paragraph 2), 53,'62 (Paragraph 2), 76, 77 and 80. A Law of 
17 March 1861 conferred on Victor Emmanuel II and his successors 
the title of King of Italy, and a Law of 3 February 1871 transferred 
the capital of the Kingdom to Rome. The position of the Holy See 
is governed by the Law of 13 May 1871, called the " Law of Guar- 
antees," which was declared to be a fundamental law of the Kingdom 
by the Council of State (2 March 1878). Nevertheless, since the 
Holy See has not ceased to protest against the annexation of the 
Papal States, this law has remained the unilateral work of the 
Italian government.* 



FVinDAMENTAL STATTTTE OF 4 MABCH 1848.'' 

[Preambub.] 

We, Charles Albert, by the Grace of God, King of Sardinia, Cyprus 
and Jerusalem, Duke of Savoy, Genoa, etc., etc., Prince of Piedmont, 

* Lomhardy, decree of 7 December 1859 ; Emilia, decree of 18 March 1860 and law of 
15 April 1860 ; Tuscany, decree of 22 March and law of 10 April 1860 ; SlcUy, Marches, 
Umbria and Neapolitan Provinces, law of 17 December 1860 ; I*rovlnce of Venice, de- 
cree of 28 July 1866 ; Roman Provinces, decree of 9 October and law of 31 December 
1870. 

* This introductory paragraph is baaed upon F. R. Dabbstb bt P. Darkste. L99 OofMti- 
tuUons modemen (3d edition, Paris, 1910), vol. i, pp. 672-674. 

* English translation in W. F. DoDD^ Modem Con%Utution9 (Chicago, 1900), vol. ii, 
pp. 5-16, and by S. M. Lini>kat and L. S. Rowk in the Bupplemwit to the Annals of the 
American Academy of Political and Social Science, Novemher, 1894 (Philadelphia, 1894). 
French translation in Dareste, op. cit., pp. 674-685. German translation in Paul 
PosENER> Die Staat8verfa«8ungen des ErdhaUu (Charlottenburg, 1909), pp. 642-666. 
The translation given here Is based on that in Dodd. 

337 



338 CONSTITUTIONS OF THE STATES AT WAR. 

etc., etc., etc., with the fidelity of a king and the affection of a father, 
are about today to fulfill all that we promised our most beloved sub- 
jects in our proclamation of the eighth of last February, whereby 
we desired to show, in the midst of the extraordinary events then 
transpiring throughout the country, how much our confid^n^e in our 
subjects increased with the gravity of the situation, and how, con- 
sulting only the impulse of our heart, we had fully determined to 
make their condition conform to the spirit of the times and to the 
interests and dignity of the nation. 

We, believing that the broad and permanent representative institu- 
tions established by this Fundamental Statute are the surest means of 
cementing the bonds of indissoluble affection that bind to our Italian 
crown a people that has so often given us ample proof of their faith- 
fulness, obedience and love, have determined to sanction and promul- 
gate this Statute, in the belief that God will bless our good intentions, 
and that this free, strong and happy nation will ever show itself more 
deserving of its ancient fame and thus merit a glorious future. 

Therefore, we, with our full knowledge and royal authority and 
with the advice of our Council, have ordained ajnd do hereby ordain 
and declare in force the fundamental perpetual and iriTevocable 
Statute and law of the monarchy as follows. 

Article 1. The Catholic, apostolic and Roman religion is the only 
religion of the State.^ Other cults now existing are tolerated, in con- 
formity with the law. 

Art. 2. The State is governed by a representative monarchical gov- 
ernment. The throne is hereditary according to the Salic Law.- 

Art. 3. The legislative power shall be exercised collectively by the 
King and two houses, the Senate and the Chamber of Deputies.^ 

Art. 4. The person of the King is sacred and inviolable. 

Art. 5. To the King alone belongs the executive power. He is the^ 
supreme head of the State; commands all land and naval forces; 
declares war; makes treaties of peace, alliance, commerce and other 
treaties, communicating them to the houses as soon as the interest 
and security of the State permit, accompanying such notice with op- 
portune explanations. Treaties involving financial obligations or 
alterations of the territory of the State shall not take effect until 
after they have received the approval of the houses. 

Art. 6. The King appoints to all of the offices of the State, and 
makes the necessary decrees and regulations for the execution of the 
laws, without suspending their execution or granting exemptions. 

^ See below, tbe Law of IS May 1871. The Law of 19^ June 1848 reads as follows : 
" Difference of religion shall entail no distinction as regards the enjoyment of civil and 
political rlgh'ts and eligibility to civil and military positions." 

' Law of 2 July 1890 on the status of the royal family. 

■In case of political necessity, the Italian government frequently takes legislative 
measures by means of law decrees, and this procedure is considered Justified by the 
commentators on this Statute. 



ITAI-Y. 389 

Airr. 7. The King alotie appro\"es and proniulgates the law& 

Abt. S. The King may grant pardons and commute sentences.* 

Abt. 9. The King convokes the two houses every year. He maj' 
prorogue tlieir sessions and dissolve the Chamber of Deputies^ but in 
the latter case he shall convoke another within a period of four 
months. 

Aet. 10. The initiative in legislation shall belong both to the King 
and to each of the two houses. All bills, however^ levying imposts or 
contributions or approving the budgets or accounts of the State 
shall first be presented to the Chamber of Deputies. 

Am*. 11. The King attains his majority upon the completion of his 
18th year. 

Art. 12. During the King's minority, the prince who is liis neatest 
relative in the order of succession to the throne, shaU be regent of 
the Kingdom, provided he be 21 years of age. 

AsT. 13. Should the prince upon whom the regency devolves be 
still in his minority and this duty pass to a more distant relative, 
the regent who actually takes office shall continue in the r^ency 
until the King becomes of age. 

Art. 14. tn the absence of male relatives the regency shall devolve 
upon the Queen Mother. 

Art. 15. In default also of a Queen Mother, the regent shall be 
elected by the legislative houses, convened within 10 days by the 
ministers. » 

Art. 16. The preceding provisions with i^eference to the regency 
are applicable in case the King who has attained his majority is 
physically incapable of reigning. Under such circumstances, if the 
heir presumptive to the throne be 18 years of age, he shall be regent 
of full right. 

Art. 17. The Queen Mother shall be guardian of the King until 
he has completed his 7th year; from this time his guardianship shall 
pass into the hands of the regent. 

Art. 18. All rights pertaining to the civil power in matters of 
ecclesiastical benefices and in the execution of all regulations what- 
soever coming from foreign coimtries shall be exercised by the King.* 

Art. 19. The civil list of the Crown shall remain, during the 
present reign, at an amount equal to the average for the past 10 
years. 

The King shall continue to have the use of the royal palaces, 
villas and gardens and their appurtenances, and also of all chattels 
without distinction pertaining to the Crown, of which a speedy in- 
ventory shall be hiade by a responsible ministry. 

> The King also exercises the right of amnesty (Code of Penal Procedure, Art. 830). 

» The clause, *' regulatlone from foreign countries," refers to papal decrees, ecclesiasti- 
cal ordinances and orders ; at the time of the adoption of this Statute Rome was foreign 
territory. 



340 CONSTITUTIONS OF TH£ STATES AT WAR. 

In future the above-mentioned civil list shall be fixed for the 
duration of each reign by the first legislature subsequent to the 
King's accession to the throne.^ 

Art. 20. The property which the King now possesses in his own 
right, together with that to which he may hereafter acquire title, 
either for a consideration or gratuitously in the course of his reign, 
shall form his private patrimony. 

The King may dispose of his private patrimony either by acts 
•during his life or by will, without being bound by the provisions of 
the civil law which limit the amount disposable. In all other cases, 
the King's patrimony shall be subject to the laws that govern other 
property. 

Art. 21. The law shall provide an annual civil list for the heredi- 
tary prince when he has attained his majority, and even earlier incase 
of his marriage ; for the allowances to the princes of the royal family 
and of royal blood, under the above-mentioned conditions; for the 
-dowries of the princesses and for the dowries of the queens. 

Art. 22. Upon ascending the throne, the King, in the presence of 
the houses, in joint session, shall take the oath to observe faithfully 
the present Statute. 

Art. 23. The regent, before entering on the duties of that office, 
shall take the oath to be faithful to the King and to observe faith- 
fully this Statute and the laws of the State. 

The Eights and Dxttibs of Citizens. 

Art. 24. All inhabitants of the Kingdom,* whatever their rank or 
title, are equal before the law. 

All shall equally enjoy civil and political rights and shall be 
eligible to civil and military office, except as otherwise provided by 
law. 

Art. 25. All shall contribute without distinction to the burdens 
of the State, in proportion to their possessions. 

Art. 26. Individual liberty is guaranteed. 

No one shall be arrested or brought to trial except in the cases 
provided by law and in the forms which it prescribes. 

Art. 27. The domicile is inviolable. No domiciliary search shall 
take place except by virtue of law and in the forms which it prescribes. 

Art. 28. The press shall be free, but the law may suppress abuses 
of this freedom.' 

^At present the civil list has been fixed at 16,060,000 lire. 

* Law of 17 May 1006 on naturalization. 

» Kdict of 26 March 1848. amended by many lator laws. 



( 



ITAI^Y. 841 

Nevertheless, Bibles, catechisms, liturgical and prayer books shall 
not be printed without the previous consent of the bishop.^ 

Art. 29. All property, without exception, is inviolable. 

Nevertheless, when the public interest, legally ascertained, re- 
quires it, a person may be bound to give it up, in whole or in part,, 
upon payment of a just indemnity in accordance with the law.^ 

Art. 30. No tax shall be levied or collected without the consent 
of the houses and the approval of the King. 

Art. 31. The public debt is guaranteed. 

All obligations of the State to its creditors are inviolable. 

Art. 82. The right to assemble peaceably and without arms is. 
recognized, subject, however, to the laws that may regulate its ex- 
ercise in the interest of the public welfare.' 

This provision is not applicable to meetings in public places or 
places open to the public, which remain entirely subject to police- 
laws. 

The Senate, 

Art. 33. The Senate shall be composed of members, appointed"^ 
for life by the King without limit of numbers, who have attained 
the age of 40 years and who have been chosen from the following- 
categories of citizens : 

1. Archbishops and bishops of the State. 

2. The president of the Chamber of Deputies. 

3. Deputies after having served in three legislatures, or after 
six years of service. 

4. Ministers of State. 

5. Ministers secretaries of State. 

6. Ambassadors. 

7. Envoys extraordinary, after three years of such service. 

8. The first presidents and presidents of the Courts of Cassa- 
tion and of the Court of Accounts. 

9. The first presidents of the Courts of Appeal. 

10. The attorney general of the Courts of Cassation, and the 
prosecutor general, after five years of service. 

11. The presidents of the chambers of the Courts of Appeals,, 
after three years of service. 

12. The councilors of the Courts of Cassation and of the Court 
of Accounts, after five years of service. 

18. The attorneys general and fiscals general of the Courts of 

Appeal, after five years of service. 

.— — — ■■' ' ■ ■ " ■ ' ■ -■'■■■ ■ ■ ■ ■ ' 

• ^ The second paragraph of this article has been practically abrogated. 
* Law of 25 Jane 1865. 

» Law of 23 December 1888 on public security, coordinated with the new Penal Code by 
the Decree of 80 June 1889. 



342 CONSTITUTIONS OF THE STATES AT WAR. 

14. General officers of thje land and naval forces. 

Major generals and rear admirals, however, should have five 
years of active service in that gi:ade. 

15. The councilors of State, after five years of service. 

16. The members of the Councils of Division,^ after three elec- 
tions to their presidency. 

17. The intendants geiieral,^ after seven years of service. 

18. Members of the Boyal Academy of Sciences,* after seven 
years of membership. 

19. Regular nxembers of the Superior Council of Public Instruc- 
tion, after seven years of service. 

20. Those who by their services or eminent merit have done 
honor to tKeir country. 

21. Persons who, for at least three years, have paid direct prop- 
erty or business taxes to the amount of 3,000 lire.* 

Art. 34. The princes of the royal family are, by that very fact, 
piembers of the Senate. They shall take rank immediately after the 
president. They shall enter the Senate at the age of 21 and have a 
vote at 25w 

Art. 35. The president an:d vice-presideotts of the Senate shall be 
appointed by the King.** 

The Senate shall chose its own secretaries from ansiong its own 
members. 

Art. 36. The Senate may be constituted a High Couart of Justice 
by decree of the King to try crimes of high treason and attempts 
upon the safety of the State, and to try ministers impeached by the 
Chamber of Deputies.® 

In this case, the Senate is not a political body. It shall not then 
occupy itself with any other judicial matters than, those for which 
it was convened, under penalty of nullity. 

Art. 3T. No senator shall be arrested except by virtue of an order 
of the Senate, except in case of flagrante delicto. It alone is com- 
petent to judge of the imputed misdemeanors of its members. 

Art. 38. Legal documents as to births, marriages and dieaths of 
members of the royal family shall be presented to the Senate and 
deposited by that body among its archives. 

^At the time of the adoption of this Stotnte tb« ''Ptvlatoxi" in. Plednionli eorre* 
sponded to the " Province ** in modern Italy. The Councils of DiTlsion are therefore the 
elective representative bodies of the Provinces) now known- as the Piovincial Couneili» 

* Now caUed " preftects." 

' This provision has been extended to six other academie& 

* In 1916 there were 395 senators and 6 membera of the royal family. 

* Law of 6 Jnne 1869 fixes the tffim of office. 

* RefnilatloD of 20 December 1900 on tlie procediutt btCoire* tSie Senate f*>nif*Hntrt M a 
High Court of Justice. 



( 



« 



ITALY. 343 

The Chamber of Deputies. 

Art. 39. The elective house shall be composed of deputies chosen 
by the electoral colleges in conformity with the law.^ 

Art. 40. No deputy shall be admitted to the Chamber who is not a 
subject of the King, 30 years of age, in the enjoyment of civil and 
political rights and in the possession of the other qualifications re- 
quired by law.^ 

Art. 41. Deputies represent the nation as a whole, and not the 
several provinces in which they were elected. 

No binding instructions shall be given to them by the electors. 

Art. 42. Deputies are elected for five years ; their mandate ceases 
ipso facto at the expiration of this period- 

Art. 43. The president, vice-presidents and secretaries of the 
Chamber of Deputies are chosen by the Chamber from amoug its 
own members at the beginning of each session, for the entire session. 

Art. 44. If a deputy ceases for any reason to perform his duties, 
the college which elected him shall be called upon at once to proceed 
with a new election. ^ 

Art. 45. During the sessions no deputy shall be arrested, ej^cept 
in case of ftagrcmte delicto^ nor be proceeded against in criminal mat- 
ters without the previous consent of the Chamber. 

Art. 46. No warrant of arrest for debts ^ shall be executed against 
a deputy during the sessions of the Chamber, nor within a period of 
three weeks preceding or following the same. 

Art. 47. The Chamber of Deputies has the right to impeach min- 
isters of the King and to bring them to trial before the High Court 
of Justice. 

Provisions Common to Both Houses. 

Art. 48. The sessions of the Senate and of the Chamber of Depu- 
ties begin and end at the same time. 

Every meeting of one house at a time when the other is not in 
session is illegal and its acts are entirely void. 

Art. 49. Senators and deputies before being admitted to the ex- 
ercise of their functions take the oath to be faithful to the King, 

I The election of deputies is now GontroUed by the Decree of 28 March 1895, wl^lch 
Is a consolidation of all laws in force passed before that date. Italy is divided into 
508 districts, each of which elects 1 deputy. Voters must possess the fpUowinK quaUflca- 
tions: (1) Be Italian citizens: (2) have attained the age of 21 years; (8) be able to 
read and write : (4) have successfully passed the examinations in the subjects comprised 
in the course of compulsory elementary education. The fourth qualification Is not re- 
quired of officials, graduates of colleges, professional men. of those who pay an annual 
direct tax of not less than 19.80 lire, of those who pay an agricultural rental of 500 lire, 
of those who pay house rent of from 150 to 400 lire according to the population of the 
commune in which they live, of those who have served 2 years in the army, and of cer- 
tain other less important classes. The Electoral Law received slight modifications by the 
Laws of 6 December 1897, 7 April 1898 and 10 May 1901. 

* Parliamentary incompatibilities arc governed by the Law of 5 July 1887. 

* The Maucini Law of 6 December 1877 has done away with personal arrest for debts. 



n 



44 CONSTITUTIONS OF THE STATBS AT WAB. 



to observe faithfully the Statute asid the laws of the State and to 
perfonn their functions with the inseparable welfare of King and 
country as the sole end in view.^ 

Art. 50. The office of senator or deputy shall not carry with it 
any compensation or indemnity,* 

Art. 61. Senators and deputies shall not be called to account for 
opinions expressed or votes given in the houses. 

Art. 52. The sessions of the houses are public. 

Nevertheless, upon the written request of 10 members secret ses- 
sions may be held. 

Art. 53. Sessions and deliberations of the houses are not legal 
or valid if an absolute majority of their members is not present. 

Art. 54. Action on any question shall be taken only by a majority 
of the votes cast. 

Art. 55. All bills shall first be submitted for preliminary examina- 
tion to committees elected by each house. Any proposition discussed 
and approved by one house shall be transmitted to the other for its 
consideration and approval; and then it shall be presented to the 
King for his approval. 

Bills shall be discussed article by article. 

Art. 56. Any bill rejected by one of the three legislative powers 
shall not again be introduced during the same session. 

Art. 57. Every person who has attained his majority has the 
right to send petitions to the houses, which shall order them to be 
examined by a conmiittee and, on report of the committee, shall 
decide whether such petitions are to be taken into consideration ; in 
case of an affirmative decision they shall be referred to the competent 
minister or deposited in the offices * for action at the proper time. 

Art. 58. No petition may be presented in person to either house. 

Legally organized bodies alone shall have the right to petition 
under a collective name. 

Art. 59. The houses shall not receive any deputation, nor give 
hearing to others than their own members, ministers, and commis- 
sioners of the government. 

Art. 60. Each house shall be the sole judge of the qualifications 
and elections of its own members. 

Art. 61. The Senate and the Chamber of Deputies shall make 
their own rules and regulations respecting their methods of pro- 
cedure in the performance of their respective duties.* 

^ Law of 80 December 1882 on the poUtlcal oath. 

* Senators and deputies receive free passage on the railroads (Decree of 26 December 
1861). 

3 The Chamber of Deputies is divided into 9 sections (uffM), among which legislative 
business Is divided by the president of the Chamber. 

* The Internal Regulations of the Senate bear the date of 17 April 1883 (amended In 
1900 and 1902) ; those of the Chamber of Deputies are of 1 July 1900 (amended in 1901 
and 1904). 



ITALY. 345 

Art. 62. The Italian language is the official language of the houses. 
The use of French shall, however, be pennitted to the members 
coming from districts where French is used, and in replying to 
them.^ 

Art. 63. Votes shall be taken by rising and sitting, by division, 
or by secret ballot. 

The latter method, however, shall always be employed for the final 
vote on a law and in all cases of a personal character. 

Art. 64. No one shall at the same time be senator and deputy. 

The Ministers. 

Art. 65. The King appoints and dismisses his ministers.^ 

Art. 66. The ministers have no vote in either house unless they are 
members thereof. 

They shall have entrance to both houses and shall be heard upon 
request. 

Art. 67. The ministers are responsible. 

Laws and governmental acts shall not take effect until they shall 
have received the signature of a minister. 

The Judiciart. 

Art. 68. Justice emanates from the King and shall be administered 
in his name by the judges whom he appoints. 

• Art. 69. Judges appointed by the Kin^, except cantonal judges, 
shall be irremovable aftef three years of service.' 

Art. 70. Courts, tribunals and judges shall be retained as at pres- 
ent existing. No modification shall be introduced except by law.* 

Art. 71. No one shall be withdrawn from his ordinary legal juris- 
diction. 

It shall, therefore, not be lawful to create extraordinary tribunals 
or commissions.^ 



^ This clause applied principally to Savoy and Nice, wblcli became a part of France by 
the terms of the Treaty of 24 March 1860. 

* Decree of 25 August 1876 on the attributions of the Council of Ministers. Law of 
12 February 1888 reorganizing the central administration of the State and providing 
under-secretarles of State for each ministry. Law of 3 May 1888 on the reelection of 
ministers and under-secretarles of State. Law of 8 April 1906 determining the composi- 
tion of the statfs of the president of the Council, of the ministers and of tho undir- 
secretaries of State. 

' Two decrees, dated 10 October 1907, Instituted a Superior Council on the Magistracy 
and fixed the method of promotion of Judicial personnel. Law of 14 July 1907 on the 
guarantees and discipline of the magistracy. 

* The Law on the Organization of the Judiciary dates from 6 December 1865 (amended 
by the Laws of 18 July 1904 and 14 July 1907). Organic Law of 8 June 1874 on 
the Jury and the Court of Assises. Organic Lew of 14 August 1862 on the Court of 
Accounts. 

» The Code of Penal Procedure, however. In Article 706 provides that, in case of r:»n- 
Bonable suspicion, or on the grounds of public safety, a person may be removed for trial 
from the regularly constituted Jurisdiction. 

88381—19 23 



346 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 72. The proceedings of courts in civil cases and the hearings* 
in criminal cases shall be public, as provided by law. 

Art. 73. The interpretation of the laws, in the form obligatory 
upon all citizens, belongs exclusively to the legislative power. 

General Provisions. 

Art. 74. Communal and provincial institutions and the boundaries 
of the communes and provinces shall be regulated by law.^ 

Art. 75. Military conscriptions shall be regulated by law.^ 

AftT. 76. A communal militia shall be established upon a basis fixed 
by law.^ 

Art. 77. The State retains its flag, and the blue cockade is the 
only national one.^ 

Art. 78. The knightly orders now in existence shall be maintained 
with their endowments, which shall not be used for other purposes 
than those specified in the acts by which they were established. 

The King may create other orders and prescribe their constitutions. 

Art. 79. Titles of nobijity shall be borne by tho3e who have a right 
to them. The King may confer new titles. 

Art. 80. No one may receive decorations, titles or pensions from a 
foreign power without the authorization of the King. 

Art. 81. All laws contrary to the present Statute are abrogated, 

Transitort Provisions. 

Art. 82. This Statute shall go into effect on the day of the first 
meeting of the two houses, which shall take place immediately after 
the elections. Until that time urgent public service shall be provided 
for by royal ordinances according to the mode and form now in 
vogue, excepting, however, the authentications and registrations in 
the courts which are from now on abolished. 

Art. 83. In the execution of this Statute the King reserves to him- 
self the right to make the laws for the press, elections, communal 
militia and the reorganization of the Council of State. 

Until the publication of the laws for the press, the regulations now 
in force on this subject shall remain valid. 

Art. 84. The ministers are entrusted with and are responsible for 
the execution and full observance of these transitory provisions. 

*AI1 of the laws relating to provincial and communal organizations were codified first 
by the Decree of 10 February 1889, secondly by the Decree of 4 May 1898 and thirdly 
by the Decree of 21 May 1908. The Kingdom is divided Into provinces, circondarl, 
mimdamentl, and communes, and the system of provincial and communal government ia 
to a large extent copied from Prance.' 

*The laws on the organization of the army were codified by the Decree of 14 July 
1898 (amended by the Laws of 7 July 1901 and 24 December 1908). 

*The national guard has been suppressed. 

*The Italian tricolor of green, white and red was adopted by the Proclamation of 2S 
March 1848 — ^an act regarded as legal, because the Statute was not in force according to 
the terms of Article 82. 



ITALY. 347 

LAW OF eUABAmESES or is IUT 187L' 

Law o:n teeb Pbs^ogattvss of the SurR£3iE Pontiff and of the 
Holy See and on the Kelations of the State with the Chubch. 

TITLE I. ^PRBROGATI^'ES OF THE SUPREME PONTIFF AND OF THE HOLT SEE, 

AjkticlbI. The person of the Sapreme Pontiff is sacred and in- 
violable. 

Art. 2. Any attempt against the person of the Supreme Pontiff 
and the provocation to comnut such an attempt shall be punished 
with tha same pmalty as similar offenses against the person of the 

Public offenses and insults committed directly against the person 
of the Supreme Pontiff, by speech, by act or by the means indicated 
in Article 1 of the Law on the Press ^^^11 be punished with the 
penalty fixed by Article 19 of the said law. 

The crimes above mentioned shall be proceeded against by the 
public prosecutor and tried by the Counts of Asaizes. 

The discussion of religious matters shall be entirely free. 

Art. 3. The Italian Government grants to the Supreme Pontiff, 
within the Kingdom, sovereign honors, and guarantees to him the 
preeminence customarily accorded to him by Catholic sovereigns. 

The Supreme Pontiff may maintain the usual number of guards for 
his person and for the custody of the palaces, without prejudice to 
the obligations and duties of such guards,, according to the laws in 
force in the Kingdom. 

Art. 4. The dotation of an annual income of 3,225,000 lire is re- 
lieryed for the Holy See. 

With this sum, equal to that of the Soman budget f of ^ holy apos- 
tolic palaces, sacred college, ecclesiastical congregations, secretary of 
state and diplomatic corps abroad," it is intended to provide for the 
Supreme Pontiff and for the various ecdeaiastioal needs of the Holy 
See, for the ordinary and extraordinary maintenance and custody of 
the apostolic palaces and their amiezes, for the eompensation and 
pensions of the guards mentioned ia the preceding article and of the 
attach^ of the pontifical court, and for casual expenses; as well as for 
the regular maintenance and custody of the museums and libvary at- 
tached to the apostolic palaces, and for the compensation and pensions 
of their employees. 

This dotation shall be entered in the great book of the public debt 
as a perpetual and inalienable income in the name of the. Holy See, 
and during the vacancy of the See, it shall continue tot be paid to- 
supply aU the needs of the Boman Church during such interval. 

*■ Bngrllsh trftnslation In Dodd, op. cit., pp. ie»21, aad f& the BHti9h and Portion State 
Papers, 66 : pp. 638-642. French traxkRlation in Dabistb. op. oit., pp, (IM-690i 



348 CONSTITUTIONS OF THE STATES AT WAR. 

It shall remain exempt from every form of State, jjrovincial or 
communal taxation or other burden, and shall not be diminished 
even in case the Italian government should later decide to assume 
the expenses of the museums and of the library. 

Art. 5. Besides the dotation mentioned in the preceding article the 
Supreme Pontiff shall have the use of the apostolic Vatican and 
Lateran palaces with all buildings, gardens and lands appertaining 
thereto, and also the villa of Castel Gandolfo with all its appurte- 
nances. 

These palaces, the villa and its annexes, as well as the museums, 

the library and the collections of art and of archsBology connected 
therewith, are inalienable and are exempt from all taxation or 
charges and from seizure for a public purpose. 

Art. 6. During the vacancy of the pontifical chair no judicial or 
political authority shall for any reason hinder or limit the personal 
liberty of cardinals. 

The government shall see to it that assemblies of conclave and of 
ecumenical councils are not disturbed by external violence. 

Art. 7. No public official or agent of the public force in the per- 
formance of the duties of his office shall enter the places or palaces 
which are the permanent or temporary residence of the Supreme 
Pontiff, or in which a conclave or ecumenical council is in session, 
without the authorization of the Pope, conclave or counciL 

Art. 8. Papers, documents, books or registers deposited in pontifi- 
cal offices or congregations, invested with a purely spiritual char- 
acter, shall be free from the legal processes of visit, search or 
sequestration. 

Art. 9. The Supreme Pontiff shall be entirely free to fulfill all the 
functions of his spiritual ministry, and to this end may affix to the 
doors of basilicas and churches of Kome notices relating to such 
ministry. 

Art. 10. Ecclesiastics at Rome who officially take part in the 
promulgation of acts pertaining to the spiritual ministry of the 
Holy See shall not on this account be subjected to any examination, 
investigation or control by the civil authorities. 

Every foreigner invested with ecclesiastical office at Home shall 
enjoy all the personal guarantees competent to Italian citizens, in ac- 
cordance with the laws of the Kingdom. 

Art. 11. Envoys of foreign governments to the Holy See shall be 
entitled within the Kingdom to all the prerogatives and immunities 
accorded to other diplomatic agents, according to the usages of in- 
ternational law. 

All offenses against them shall be subject to the same penalties as 
are provided for offenses against envoys of foreign powers to the 
Italian government. 



ITALY. 849 

Envoys of the Holy See to foreign governments shall, within the 
territory of the Kingdom, be entitled to privileges and immunities 
of the same character while going to or returning from their mission. 

Abt. 12. The Supreme Pontiff corresponds freely with the episco- 
pacy and with the whole Catholic world, without any interference 
from the Italian government. 

To this end he shall have the right to establish his own postal and 
telegraph offices at the Vatican or at any of his other residences, 
served by employees chosen by himself. 

The pontifical post office may transmit sealed packages of cor- 
respondence directly to foreign offices, or may send them through 
the Italian offices. In either case, transmission of dispatches or cor- 
respondence bearing the papal stamp shall be exempt from all taxa- 
tion or charges within Italian territory. 

Couriers sent out in the name of the Supreme Pontiff are, within 
the Kingdom, placed on an equal footing with couriers of foreign 
governments. 

The pontifical telegraph office shall be connected with the tele- 
graphic system of the State at the expense of the State. 

Telegrams sent by the pontifical office with pontifical authentication 
shall be received and transmitted within the Kingdom in the same 
manner as telegrams of State and without charge. 

Telegrams of the Supreme Pontiff or sent by his order, which bear 
the papal stamp, shall enjoy the same privileges if presented to any 
telegraph office of the Bjngdom. 

Telegrams addressed to the Supreme Pontiff shall be exempt from 
the tax imposed upon those who receive telegrams. 

Abt. 18. Within the city of Eome and within the six suburbicarian 
sees, the seminaries, academies, colleges and other Catholic institutions 
founded for the education and training of ecclesiastics shall continue 
under the sole control of the Holy See, without any interference from 
the educational authorities of the Kingdom. 

TTTLE II. — ^RELATIONS OF THE STATE WITH THE CHURCH. 

Art. 14. Every special restriction upon the exercise of the right of 
members of the Catholic clergy to assemble is abolished. 

Art. 15. The government renounces the right to an apostolic lega- 
tion in Sicily, and to appointment or nomination in the presentation 
of the major benefices throughout the Kingdom. 

Bishops shall not be required to swear fidelity to the King. 

Major and minor ben^ces may be conferred only upon Italian 
citizens, except in the city of Rome and in the suburbicarian sees. 

Nothing is changed with respect to the presentation, of benefices of 
royal patronage. 



850 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 16. The exequatur and royal placet and aU other forms of 
govemment authorization for the publication or execution of eccle- 
siastical acts ave abolished. 

But, until otherwise provided by a special law mentioned in Article 
18, such eixequatwr and royal placet shall be required for acts dis- 
posing of ecclesiastical property and for appointments to major and 
minor benefices, except those in the city of Rome and in the suburbi- 
carian sees.^ 

The provisions of the civil lawsrdiating to thfe creation and manage- 
ment of ecclesiastical institutions, and to the sale of their property, 
remain unchanged. 

Akt. 17. In spiritual and disciplinary matters there shall be no 
claim or appeal against decisions of ecclesiastical authorities, nor 
shall such decisions be recognized or executed by the cdvil authorities. 

The determination of the legal effects of such decisions and of 
other acts of the ecclesiastical audiorit^ shall beking td the civil 
authorities. 

If, however, such acts are contrary to the laws of the Sta4;e t)r op- 
posed to public order, or encroach upon the rights of individuals, they 
shall be of no effect and, if they constitute offenses, shall be subject to 
the criminal laws. 

Art. 18. A future law shall provide for the reorganization, preser- 
vation and administration of the ecclesiastical property within the 
Kingdom.* 

Art. 19. In all the matters which form the object of the present 
law, regulations now in force contrary to this law are repealed. 

^ Decree of 26 June 1871 containing provisions for the exequatur and the royal placet. 
* See the Law of 19 June 1878 on the suppresflon of rellgloas corporations in Eom^, etc. 



JAPAN. 

In 1867 the Shogun, until then the real ruler of Japan, surrendered 
his powers to the Emperor. The disappearance of the Shogunate 
weakened the feudal system, which was, however, made the basis of 
the first representative organization. In February, 1«68, a superior 
coimcil and seven ministerial departments were organized; a delib- 
erative assembly was convened, its members to be composed of dele- 
gates appointed by the feudal chiefs. In the same year the Emperor 
took an oath that " the system of a deliberative assembly should be 
adopted and that all measures should be taken in conformity with 
public opinion." The organization of government upon a feudal 
basis proved unsatisfactory ; the deliberative assembly was abolished 
in 1870, and the feudal regime itself was suppressed in 1871. 

An agitation in favor of national representative institutions began 
in 1874, but those in charge of the government considered such a 
step premature; in 1878 representative provincial councils were 
created. Beginning in 1880 a vigorous political propaganda was 
conducted in favor of the establishment of a representative assembly ; 
an imperial edict of 12 October 1881 announced that the fii'st Im- 
perial Diet would be convened in 1890. 

Between 1881 and 1889 important reforms were made in the 
organization of the government. The Constitution was promulgated 
on 11 February 1889, and at the same time were issued the Imperial 
House Law, the Imperial Ordinance concerning the House of Peers, 
the Law of the Houses, the Electoral Law for members of the House 
of Representatives, and the Law of Finance. The firet Diet was 
formally opened on 29 November 1890.^ 



COirSTITUTION OF 11 FEBBUABT 1889.' 
Chapter I. — The Emperor. 

Artici^ 1. The Empire of Japan " shall be reigned over and gov- 
erned by a line of Emperors unbroken for ages eternal. 

^ These introductory paragraphs are reprinted from W. F. Dodd, Modem ConstituUona 
(Chicago, 1909), vol. n, p. 28. There Is also a very good account in F. B. Darbste it 
P. Dabestb, Les Constitutions modemea (dd edition, Paris, 1910), vol. ii, pp. 680-687. 

*The translation given here i« reprinted from Doni>, op. cit., pp. 24-88, and was 
adopted by him almost without change from the official English translation issued from 
Tokyo In 1889 ; the difficulty of obtaining revision makes it necessary to give this 
Constitution in the untechnical language in which it here appears. Bnglish translation 
also in the British and Foreiffn atate Papers, 81 : pp. 289-295. French translation In 
Babeste, op. oit., pp. 687-696. German translation in Paul Posbneb, Die Staatsver- 
fassungen des Erdballs (Charlottenburg, 1909), pp. 924-933. 

' The island of Hokushu and the Nansei Islands have no representatives in the Imperial 
Diet 

861 



352 CONSTITUTIONS OF THE STATES AT WAR. 

.Art. 2. The imperial throne shall be succeeded to by imperial 
male descendants, according to the provisions of the Imperial House 
Law.i 

Art. 3. The Emperor is sacred and inviolable. 

Art. 4. The Emperor is the head of the Empire, combining in him- 
self the rights of sovereignty, and exercises them, according to the 
provisions of the present Constitution. 

Art. 5. The Emperor exercises the legislative power with the con- 
sent of the Imperial Diet. 

Art. 6. The Emperor gives sanction to laws and orders them to be 
promulgated ^ and executed. 

Art. 7. The Emperor convokes the Imperial Diet, opens, closes 
and prorogues it, and dissolves the House of Representatives. 

Art. 8. The Emperor, in consequence of an urgent necessity to 
maintain public safety or to avert public calamities, issues, when the 
Imperial Diet is not sitting, imperial ordinances in the place of laws. 

Such imperial ordinances are to be laid before the Imperial Diet 
at its next session, and when the Diet does not approve the said 
ordinances, the government shall declare them to be invalid for the 
future. 

Art. 9. The Emperor issues, or causes to be issued, the ordinances ^ 
necessary for the carrying out of the laws, or for the maintenance of 
the public peace and order, and for the promotion of the welfare of 
the subjects. But no ordinance shall in any way alter any of the 
existing laws. 

Art. 10. The Emperor determines the organization of the different 
branches of the administration, and the salaries of all civil and 
military officers, and appoints and dismisses the same. Exceptions 
especially provided for in the present Constitution or in other laws 
shall be in accordance with the respective provisions (bearing 
thereon). 

Art. 11. The Emperor has the supreme command of the army and 
navy. 

Art. 12. The Emperor determines the organization and peace 
standing of the army and navy. 

Art. 13. The Emperor declares war, makes peace and concludes 
treaties. 

Art. 14. The Emperor proclaims a state of siege. 

The conditions and effects of a state of siege shall be determined 
by law. 



*By the Imperial House Law of 11 February 1889 (62 articles), the succession Is In 
the male descendants of the Emperor, In accordance with the law of prlmo^nlture ; 
when the Emperor has no descendants, the crown goes to the male relative of the nearest 
collateral male line. English translation of this law In the British and Foreign State 
Papers, 81 : pp. 295-301. 

> Ordinances of 1881 and 1886 govern the forms of promnlgatioii. 

* A law of 1889 authorizes the Emperor to sanction his ordinances with a penalty. 



JAPAN. 853 

t 

Art. 15. The Emperor confers titles of nobility, rank, orders and 
other marks of honor. 

AsT. 16. The Emperor orders anmesty, pardon, conunutatiou of 
punishment and rehabilitation. 

Abt. 17. A regency shall be instituted in conformity with the pro- 
visions of the Imperial House Law. 

The regent shall exercise the powers appertaining to the Emperor, 
in his name. 

Chapter II. — Rights and Duties of Subjects. 

Art. 18. The conditions necessary for being a Japanese subject 
shall be determined bv law.^ 

Art. 19. Japanese subjects may, according to qualifications de- 
termined in laws or ordinances, be appointed to civil or military 
offices equally, and may fill any other public offices. 

Art. 20. Japanese subjects are amenable to service in the army or 
navy, according to the provisions of law. 

Art. 21. Japanese subjects are amenable to the duty of paying 
taxes, according to the provisions of law. 

Art. 22. Japanese subjects shall have the liberty of abode and of 
changing the same within the limits of law. 

Art. 23. No Japanese subject shall be arrested, detained, tried or 
pimished, unless according to law.* 

Art. 24. No Japanese subject shall be deprived of his right of 
teing tried by the judges determined by law. 

Art. 25. Except in the cases provided for in the law, the house of 
no Japanese subject shall be entered or searched without his consent. 

Art. 26. Except in the cases mentioned in the law, the secrecy of 
the letters of every Japanese subject shall remain inviolable. 

Art. 27. The right of property of every Japanese subject shall 
remain inviolable. 

Measures necessary to be taken for the public benefit shall be pro- 
vided by law.^ 

Art. 28. Japanese subjects shall, within limits not prejudicial to 
peace and order, and not antagonistic to their duties as subjects, 
enjoy freedom of religious belief. 

Art. 29. Japanese subjects shall, within the limits of law, enjoy 
the liberty of speech, writing, publication/ public meeting and 
association.'^ 



^Law of 1899 on nationality. 

*Code of Penal Procedure of 1SS7. 

' Law of 1880 on (expropriation for the public benefit. 

* Law of 1803 on the presK trnvo way to a new law In 1909. 

* Law of 1S98 on freedom of asaombly and association. 



354 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 30. Japanese subjects may present petitions, by observing the 
proper forms of respect and by complying with the rules specially 
Drovided for the same. 

Akt. 31. The provisions in the present chapter shall not affect the 
exercise of the powws appertaining to the Emperor, in times of war 
or in cases of national emergency. 

Art. 32. Each and every one of the provisions contained in the pre- 
ceding articles of the present chapter, that are not in conflict with. 
the laws or the rules and discipline of the army and navy, shall apply 
to the oiBcers and men of the anny and navy. 

ChaWer III. — The Imperial Diet. 

Art. 33. The Imperial Diet shall consist of two houses, a House of 
Peers and a House of Representatives.^ 

Art. 34. The House of Peers shall, in accordance with the Ordi- 
nance concerning the House of Peers,* be composed of the members 
of the imperial family, of the orders of nobility, and of those persons 
who have been nominated thereto by the Emperor. 

Art. 35. The House of Eepresentatives shall be composed of mem- 
bers elected by the people, according to the provisions of the electoral 
law.* 

^ ■!■ ■■■■■I » ■■- ^1 ■.. — — ■ ■ ■ ■ - -■ . . - ■ — ■ M.^ 

^The internal organization of the two houses Is regulated by the Law of the Housen 
of 11 February 1889 (see below. Article 51). The president and vice-president of the 
House of Peers are nominated by the Emperor from among the members, and the presi- 
dent and vice-presidenf of the House of Representatives are nominated by the Emperor 
from among three candidates, elected by the House. The presidents of both houses receive 
an annual salary of 5,000 yen ; vlcc-proflidents, 3,000 yen ; elected and nominated 
members of the House of Peers and members of the House of Representatives, 2,000 yen, 
besides traveling expenses. 

* By the Imperial Ordinance of 11 February 1889 (13 articles) concerning the House 
of Peers, the latter is composed of a. male members of the Imperial family of full age ; 
b. princes and marquises of the age of 25 and upwards ; c. counts, viscounts and barons 
of the afee of 25 and upwards, who have been elected by the members of their respective 
orders, never to exceed one fifth of each order; d. persons above the age of 30 years, 
who have been nominated members by the Emperor for meritorious services to the 
State or for erudition ; e. persons who shall have been elected in each city (Fu) and 
prefecture {Ken) from ainong and by the 16 male inhabitants {hereof, above the age of 
30 years, paying therein the highest amount of direct national taxes on land, industry 
or trade, and have been nominated by the Emperor. The term of membership under 
and e is seven years ; under a, h and d, for life. The number of members under d and 
e must not exceed the number of other members. In 1917, the total number of peers was 
864 (see The Btatesman'a Year-hook, 1917, p. 1058). English translation of this law in 
DoDD, op. cit., pp. 33-35. 

•The Electoral Law of 11 February 1889 was amended in 1900 and 1908. The mem- 
bers of the House number 379, a fixed numbe'r being returned from each electoral dle- 
trlct. The proportion of the number of members to the population is one to about 
136,522. Voting is by secret single ballot. The right to vote is enjoyed by male sub- 
jects of not less than full 25 years of age, who have been permanent and actual residents 
in the electoral district for not less than a year and who pay land tax to the amount of 
not less than 10 yen (about $5) In a year for more than one year, or direct taxes other 
than land tax to the amount of not less than 10 yen in a year for more than two years 
or of land tax together with other direct national taxes to the amount of not less than 
10 yen in a year for more than two years. In general, male subjects of not less than 30 
years of age are eligible to the House, without any qualification arising from payment 
of taxes. Disqualified for membership are the imperial household oflScials, prlestx^ 
students, teachers of elementary schools, government contractors and election ofllcials. 



JAPAN. 366 

Ajrr. 86. No one diall at one and the same time be a member of both 
houses. 

An*. 37. Every law requires the consent of the Imperial Diet. 

Abt. 38. Both houses shall vote upon projects of law submitted to 
tbem by the gOTemment, and may respectively initiate projects of 
law. 

Airr. 89. A bill, which has been rejected by either the one or the 
other of the two houses, shall not be again brought in during the same 
session. 

Art. 40. Both houses may make representations to the government 
as to laws or upon any otiier subject. When, however, such repre- 
sentations are not accepted, they can not be made a second time during 
the same session. 

Abt. 41. The Imperial Diet shall be convoked every year. 

Akt. 42. A session of the Imperial Diet shall last during three 
months. In case of necessity, the duration of a session may be pro- 
longed by imperial order. 

Art. 43. When urgent necessity arises, an extraordinary session 
may be convoked, in addition to the ordinary one. 

The duration of an extraordinary session shall be determined by 
imperial order. 

Art. 44. The opening, closing, prolongation of session, or proroga- 
tion of the Imperial Diet shall be effected simultaneously for both 
houses. 

In case the House of Representatives has been ordered to dissolve, 
the House of Peers shall at the same time be prorogued. 

Art. 45. When the House of Representatives has been ordered to 
dissolve, members diall be caused by imperial order to be newly elected, 
and the new House shall be convoked within five months from the day 
of dissolution. 

Art. 46. No debate shall be opened and no vote shall be taken in 
either house of the Imperial Diet, unless not less than one third of 
the whole number of the members thereof is present. 

Art. 47. Votes shall be taken in both houses by absolute majority. 
In the case of a tie, the president shall have the casting vote. 

Art. 48. The deliberations of both houses shall be held in public. 
The deliberations may, however, upon demand of the government 
or by resolution of the house, be held in secret sitting. 

Art. 49. Both houses of the Imperial Diet may respectively pre- 
sent adresses to the Emperor. 

Art. 50. Both houses may receive petitions presented by subjects* 

Art. 51. Both houses may enact, besides what is provided for in 
the present Constitution and in the Law of the Houses^ rules neces- 
sary for the management of tlieir internal affairs. 



356 CONSTITUTIONS OF THE STATES AT WAR. 

AiiT. 52. No member of either house shall be held responsible out- 
side the respective houses, for any opinion uttered or for any vote 
given in the house. When, however, a member himself has given 
publicity to his opinions by public speech, by documents in print or 
in writing, or by any other similar means, he shall, in the matter, 
be amenable to the general law. 

Aht. 53. The members of both houses shall, during the session, be 
free from arrest, unless with the consent of the house, except in 
cases where taken in flagrante delicto^ or of offenses connected with a 
-state of internal commotion or with a foreign trouble. 

Art. 54. The ministers of State and the delegates of the govern- 
ment may, at any time, take seats and speak in either house. 

Chapter IV. — ^Thb Ministers of State and the Privt Council. 

Art. 55. The respective ministers of State ^ shall give their advice 
to the Emperor, and be responsible for it. 

All laws, imperial ordinances and imperial rescripts of whatever 
kind, that relate to the affairs of State, require the countersignature 
of a minister of State. 

Art. 56. The Privy Council shall, in accordance with the provi- 
sions for the organization of the Privy Council, deliberate upon im- 
portant matters of State, when they have been consulted by the Em- 
peror. 

Chapter V. — ^The Judicial Power. 

Art. 57. The judicial power shall be exercised by the courts ol 
law according to law, in the name of the Emperor. 

The organization of the courts of law shall be determined by law.* 

Art. 58. The judges shall be appointed from among those who 
possess proper qualifications according to law. 

No judge shall be deprived of his position, unless by way of crimi- 
nal sentence or disciplinary punishment. 

Rules for disciplinary punishment shall be determined by law. 

Art. 59. Trials and judgments of a court shall be conducted pub- 
licly. When, however, there exists any fear that such publicity ma> 
be prejudicial to peace and order, or to the maintenance of public 
morality, the public trial may be suspended by provision of law or 
by the decision of the court. 

^The Council of Ministers In its present form dates from 1885, but Its ors&iilzatlon Is 

governed by an ordinance of 1889. The CouncU is composed of 10 ministers r 

1. Prime Minister. 6. Minister of Mai*ini>. 

2. Minister of Foreign AfTalrR. 7. Minister of Justice. 

3. Minister of the Interior. 8. Minister of Instruction. 

4. Minister of finances. 9. Minister of Agriculture and Commerce. 
6. Minister of War. 10. Minister of Communications. 

* The Institution of the Court of Cassation dates from 1875. A law of 1891 goyems the 
organization of the courts. The Jury system does not exist In Japan. 



JAPAN.. 357 

Art. 60. All matters that fal} within the competency of special 
tribunals shall be specially provided for by law. 

Art. 61. No suit which relates to rights alleged to have been in- 
fringed by the illegal measures of the executive authorities, and 
which should come within the competency of the Court of Adminis- 
trative Litigation, specially established by law,^ shall be taken cogni- 
zance of by a court of law. 

ChAPTEK VI. — ^FlNANCE.* 

Art. 62. The imposition of a new tax or the modification of the 
rates (of an existing one) shall be determined by law. 

However, all such administrative fees or other revenue having the 
nature of compensation shall not fall within the category of the 
above clause. 

The raising of national loans and the contracting of other liabili- 
ties to the charge of the national treasury, except those that are pro- 
vided in the budget, shall require the consent of the Imperial Diet. 

Art. 68. The taxes levied at present shall, in so far as they are not 
remodeled by a new law, be collected according to the old system. 

Art. 64. The expenditure and revenue of the State require the con- 
sent of the Imperial Diet by means of an annual budget. 

Any and all expenditures exceeding the appropriations set forth 
in the titles and paragraphs of the budget, or that are not provided 
for in the budget, shall subsequently require the appropriation of the 
Imperial Diet. 

Art. 65. The blidget shall be first laid before the House of Repre- 
sentatives. 

Art. 66. The expenditures of the Imperial House shall be defrayed 
every year out of the national treasury, according to the present fixed 
amount for the same, and shall not require the consent thereto of the 
Imperial Diet, except in case an increase thereof is -found necessary. 

Art. 67. Those expenditures already fixed and based upon the 
powers belonging to the Emperor by the Constitution, and such ex* 
penditures as may have arisen by the eflFect of law, or that relate to 
the legal obligations of the government, shall neither be rejected nor 
reduced by the Imperial Diet, without the concurrence of the govern- 
ment. 

Art. 68. In order to meet special requirements, the government 
may ask the consent of the Imperial Diet to a certain amount as a 
continuing expenditure fund, for a previously fixed number of years. 

Art, 69. In order to supply deficiencies, which are unavoidable, in 
the budget, and to meet requirements improvided for in the same, a 
reserve fund shall be provided in the budget. 

> This law was promnlgated In 1890. 

*The Law of 11 February 1889 on finances (33 articles), which governs budgetary 
qnestlons, was completed by a law of 1890. 



358 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 70. When the Imperial Diet can not be convoked, owing to 
the external or internal condition of the country, in case of urgoni 
need for the maintenance of public safety the government may enact 
all necessary financial measures, by means of an imperial ordinance. 

In the case mentioned in the preceding clause, the matter shall 
be submitted to the Imperial Diet at its next session, and its appro- 
bation shall be obtained thereto. 

Art. 71. When the Imperial Diet has not voted on the budget, or 
when the budget has not been brought into actual existence, the 
government shall carry out the budget of the preceding year. 

Art. 72. The final account of the expenditures and revenue of the 
State shall be verified and confirmed by the Board of Audit, and it 
shall be submitted by the government to the Imperial Diet, together 
with the report of verification of the said board. 

The organization and competency of the Board of Audit shall be 
determined by a special law.^ 

Chapter VII. — Suppi^BMBNTARr Btn^ES. 

Art. 73. When it m^y become necessary in future to amend the 
provisions of the present Constitution, a project to that effect shall 
be submitted to the Imperial Diet by imperial order. 

In the above case, neither House shall open the debate, unless not 
less than two thirds of the whole number of members are present^ 
and no amendment shall be passed, unless a majority of not less than 
two thirds of the members present is obtained. 

Art. 74. No modification of the Imperial House Law shall be re- 
quired to be submitted- to the deliberation of the Imperial Diet. 

No provision of the present Constitution can be modified by the 
Imperial House Law. 

Art. 75. No modification shall be introduced into the Constitution,, 
or into the Imperial House Law, during the time of a regency. 

Art. 76. Existing legal enactments, such as laws, regulations, or- 
dinances, or by whatever names they may be called, shall, so far as 
they do not conflict with the present Constitution, continue in. foirce* 

AH existing contracts or orders, that entail obligations upon the 
government, and that are connected with expenditure, shall come 
within the scope of Article 67. 

> I.aw of 1880. 



LIBERIA. 

The Republic of Liberia had an American origin. It is compoeed 
almost exclusively of negroes whom different colonization societies 
have directed to certain points on the Ivory Coast since 1822. These 
colonies, situated beside each other, formed a union in 1837 (Com- 
monwealth of Liberia) under Thomas Buchanan, its first governor. 
But it was not until ten years later that a convention actually met 
to solemnly proclaim the independence of the new State and give it 
a Constitution. This Constitution modeled after that of the United 
iStates of America bears the date of 26 July 1847 and it wae ratified 
by the people in the following September. At the biennial election 
held on 7 May 1907, several amendments were adopted by a two- 
thirds vote of the people.^ 

OOHSTITimOir of 00 JTTLY IMT,' as AMEKDCB 7 KAY 1«07.' 

The end of the institution, maintenance, and administration of 
government, is to secure the existence of the body politic, to protect 
it, and to furnish the individuals who compose it with the power of 
enjoying in safety and tranquillity, their natural rights, and the 
blessings of life ; and whenever these great objects are not obtained, 
the people have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperity, and happiness. 

Therefore, we, the people of the Commonwealth of Liberia, in 
Africa, acknowledging with devout gratitude the goodness of Grod, 
in granting to us the blessings of the Christian religion, and politi- 
cal, religious, and civil liberty, do, in order to secure these blessings 
for ourselves and our posterity, and to establish justice, insure do- 
mestic peace, and promote the general welfare, hereby solemnly 
associate, and constitute ourselves a free, sovereign, and independent 
State, by the name of the Kepublic of Liberia, and do ordain and 
establish this ConstitutioD, for the govenunent of the same. 

^ This Introductory parafirraph is l>aBed upon F. ^, Pabk«tb bt P. Dabbbts, Lea Consti- 
tution§ modemea (3d edition, Paris, 1910), vol. ii, pp. 606-607. 

* Paased at Monrovia by unanimous consent of the people of the Commonwealth. Eng« 
liih text In the BrititU and Foreign State Pajker$, 80 : pp. 1801-14. 

' These amendments, which were adopted hy a two-thl^ds vote at the biennial election, 
7 May 1007, are here inserted In their proper places. English text in a printed pamphlet 
in the State Department flies (cf. Papers R^latinff to Foreign Relatione of the United 
Statee, Washington, 1910, part 2, pp. 831-2). 



360 CONSTITUTIONS OF THE STATES AT WAR. 

Abtigus I. — Bill of Bights. 

SECTION 1. — NATURAL AND INALIENABLE RIGHTS OF ALL MEN. 

All men are born equally free and independent, and have certain 
natural, inherent, and inalienable rights; among which are the 
rights of enjoying and defending life and liberty, of acquiring, pos- 
sessing, and protecting property, and of pursuing and obtaining 
safety and happiness. 

SECT. 2. — ^ALL THE POWER IS INHERENT IN THE PEOPI.E. GOVERNMENT IN- 
STITUTED FOR THEIR BENEFIT. 

All power is inherent in the people; all free governments are in- 
stituted by their authority, and for their benefit, and they have the 
right to alter and reform the same when their safety and happiness 
require it.- 

SECT. 3. — ^RIGHT OF ALL MEN TO WORSHIP GOD ACCORDING TO THE DICTATES 

OF THEIR OWN CONSCIENCES. 

All men have a natural and inalienable right to worship God ac- 
cording to the dictates of their own consciences, without obstruction 
or molestation from others ; all persons demeaning themselves peace- 
ably, and not obstructing others in their religious worship, are en- 
titled to the protection of law, in the free exercise of their own re- 
ligion, and no sect of Christians shaU have exclusive privUeges or 
preference over any other sect ; but all shall be alike tolerated ; and 
ho religious test whatever shall be required as a qualification for civil . 
office, or the exercise of any civil right. 

SECT. 4. — THERE SHALL BE NO SLAVERY WITHIN THIS REPUBLIC. 

There shaU be no slavery within this Republic. Nor shall any citi- 
zen of this Bepublic, or any person resident therein, deal in slaves, 
either within or without this Republic, directly or indirectly. 

SECT. 5. — THE PEOPLE HA\TE A RIGHT TO ASSEMBLE, INSTRUCT REPRESENTA- 
TIVES, AND PETITION THE GOVERNMENT. 

The people have a right at all times, in an orderly and peaceable 
manner to assemble and consult upon the common good, to instruct 
their representatives, and to petition the government, or any public 
functionaries for the redress of grievances. 

SECT. 6. — ^JUSTICE WITHOUT DENIAL. TRIAL BY -JURY. HEARD IN PERSON 

OR BY COUNSEL, AC. 

Every person injured shall have remedy therefor, by due course of 
law; justice shall be done without sole denial or delay; and in all 



T.TBKBTA. 364. 

cases, not arising under martial law or upon impeachment, the parties 
shall have a right to a trial by jury, and to be heard in person or by 
counsel, or both. 

SECT. 7, — H£LD TO ANSWER, IN WHAT CASE. NOT TO GIVE BVIDENCB 

AGAINST HIMSELF, AC. 

No person shall be held to answer for a capital or infamous crime, 
except in cases of impeachment, cases arising in the army or navy, 
and petty offences, unless upon presentment by a grand jury; and 
every person criminally charged, shall have a right to be seasonably 
furnished with a copy of the charge, to be confronted with the wit- 
nesses against him; to have compulsory process for obtaining wit- 
nesses in his favour; and to have a speedy, public, and impartial trial 
by a jury of the vicinity. He shall not be compelled to furnish or 
give evidence against himself ; and no person shall for the same of- 
fence be twice put in jeopardy of life or limb. 

SECT. 8. NOl' DEPRIVED OF LIFE, LIBERTY, AC., BUT BY JUDGMENT OF 

PEERS OR THE LAW OF THE LAND. 

Xo person shall be deprived of life, liberty, property, or privilege, 
but by judgment of his peers, or the law of the land. 

SECT. 9. — NO PLACES SEARCHED, UNLESS UPON WARRANT LAWFULLY 

ISSUED. 

No place shall be searched, nor person seized, on a criminal charge 
or suspicion, unless upon warrant lawfully issued, upon probable 
cause supported by oath, or solemn affirmation, specially designating 
the place or person, and the object of the search. 

SECT. 10. — EXCESSIVE BAIL NOT REQUIRED. CONTRACTS, AC, NOT IMPAIRED. 

NO EX POST FACTO LAW. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
excessive punishments inflicted. Nor shall the legislature make any 
law impairing the obligation of contracts; nor any law rendering 
any act punishable, in any manner in which it was not punishable 
when it was committed. 

SECT. 11. — ^ELECTION BY BALLOT. QUALIFICATION FOR SUFFRAGE. 

All elections shall be by ballot; and every male citizen of 21 
years of age, possessing real estate, shall have the right of suffrage. 

SECT. 12. — TO KEEP AND BEAR ARMS. MILITARY SUBORDINATION TO THE 

CIVIL AUTHORITY. 

The people have a right to keep and to bear arms for the common 
defence. And as in time of peace, armies are dangerous to liberty, 

88381—19 ^24 



362 CONSTITUTIONS OF THE STATES AT WAR. 

they ought not to be maintained, without the consent of the legisla- 
ture; and the military power shall always be held in exact sub- 
ordination to the civil authority, and be governed by it. 

SECT. 13. — ^PRIVATE PROPERTY NOT TO BE TAKEN FOR PUBMC USB WITH- 
OUT, AC. 

Private property shall not be taken for public use without just 
compensation. 

SECT. 14. — GOVERNMENT, POWERS DIVIDED. .NOT TO INCLUDE JUSTICES OF 

THE PEACE. 

The powers of this government shall be divided into three distinct 
departments: legislative, executive, and judicial; and no person be- 
longing to one of these departments shall exercise any of the powers 
belonging to either of the others. This section is not to be construed 
to include justices of the peace. 

SECT. 15. — ^LIBERTY OF THE PRESS NOT RESTRAINED. SPEAK, WROTfi, AND 
PRINT BEING RESPONSIBLE ; INDICTMENTS FOR UBELS ; JURY DETERMINE 
LAW AND FACTS, AC. 

The liberty of the press is essential to the security of freedom in a 
State; it ought not, therefore, to be restrained in this Republic. 

The printing press shall be free to every person who undertakes 
to examine the proceedings of the legislature, or any branch of gov- 
ernment ; and no law shall ever be made to restrain the rights thereof. 
The free communication of thoughts and opinions, is one of the 
invaluable rights of man, and every citizen may freely speak, write, 
and print, on any subject, being responsible for the abuse of that 
liberty. 

In prosecutions, for the publication of papers, investigating the 
oflScial conduct of officers, or men in a public capacity, or where the 
matter published is proper for public information, the truth thereof 
may be given in evidence. And in all indictments for libels, the 
jury shall have a right to determine the law and the facts, under 
the direction of the court, as in other cases. 

SECT. 16. — ^NO IMPOST OR DUTIES WITHOUT THE CONSENT OF THE PEOPLE 

OR THEIR REPRESENTATIVES. 

No subsidy, charge, impost, or duties, ought to be established, 
fixed, laid, or levied, under any pretext whatsoever, without the con- 
sent of the people, or their representatives in the legislature. 

SECT. 17. — ^LEGISLATURE TO DIRECT WHAT SUITS AND HOW BROUGHT 

AGAINST THE REPUBLIC. 

Suits piay be brought against the Republic in such manner, and in 
such cases as the legislature may by law direct. 



LIBBRIA. 363 

6SGT. 18. — ^WHO ABE SUBJECT TO THE LAW MAfiTIAL, AC. 

No person can, in any case, be subjected to the law martial, or to 
&ny penalties or pains, by virtue of that law (except those employed 
in the army or navy, and except the militia in actual service) but by 
the authority of the legislature. 

SECT. 19. — BRIGHT OF THE FEOPLE TO CAUSE THEIR PUBLIC OFTIGBH TO 

KmrURK TO FBIVATE LIFE. 

In order to prevent those who are vested with authority from be- 
coming oppressors, the people have a right at such periods and in 
such manner as they shall establish by their frame of government, 
to cause their public officers to return to private life, and to fill up 
vacant places, by certain and regular elections and appointments. 

SECT. no. — ^PRISONERS BAILABLE. WRIT OF HABEAS CORPUS, BENEFIT 

OF, AC. 

That all prisoners shall be bailable by sufficient sureties, unless 
for capital offences, when the proof is evident or presumption great ; 
and the privilege and benefit of the writ of habeas corpus shall be en- 
joyed in this Republic, in the most free, easy, cheap, expeditious, and 
ample manner, and shall not be suspended by the legislature, ex- 
cept upon the most urgent and pressing occasions, and for a limited 
time, not exceeding 12 months. 

Article II. — ^Legislative Powers. 

SECT. 1. — ^legislature TO CONSIST OF TWO BRANCHES. STYLE OF EN* 

ACTMENTS. 

That the legislative power shall be vested in a legislature of 
Liberia, and shall consist of two separate branches, a House of 
Representatives and a Senate, to be styled the legislature of Liberia, 
each of which shall have a negative on the other, and the enacting 
style of their acts and laws shall be : ^^ It is enacted by the Senate 
and House of Representatives of the Republic of Liberia in Legisla- 
ture assembled.^' 

SECT. 2. — HOUSE OF REPRESENTATIVES. NUMBER AND QUALIFICATION OF 

MEMBERS. TERM OF SERVICE. 

The representatives shall be elected by and for the inhabitants of 
the several counties of Liberia, and shall be apportioned among the 
several counties of Liberia, as follows: The county of Montserrado 
shall have 4 representatives, the county of Grand Bassa shaU have 
8, and the county of Since shall have 1, and all counties hereafter 



364 CONSTITUTIONS OF THE STATES AT WAR. 

which shall be admitted into the Republic shall have 1 representa- 
tive, and for every 10,000 inhabitants 1 representative shall be added. 
No citizen shall -be a representative who has not resided in the county 
in which he resides seven whole years immediately previous to his 
election, and who shall not, when elected, be an inhabitant of the 
county by which he was elected, and does not own real estate of not 
less value than 600 dollars in the county which he represents, find 
who shall not have attained the age of 23 years. The representatives 
shall be elected quadrennially and shall serve four years from the 
time of their election.^ 

SPCT. 8. — ^VACANCIES IN THE LEGISLATURE, HQW FILLED. 

When a vacancy occurs in the representation of any county by 
death, resignation or otherwise, it shall be filled by a new election. 

SECT. 4. — SPEAKER AND OFFICERS OF THE HOUSE, HOW ELECTED; POWER 

OF IMPEACHKBNT. 

The House of Representatives shall elect their own speaker wxd 
other officers ; they shall also have the sole power of impeachment. 

SECT. 6. — senate; number and QUALIFICATION OF MEMBERS. TERM OP 

SERVICE. 

The Senate shall consist of 2 members from Montserrado County, 
2 from Bassa County, 2 from Sinoe County, and 2 from each county 
which may be hereafter incorporated into this Republic. No citizen 
shall be a senator who shall not have resided nine whole years im- 
mediately previous to his election in the Republic of Liberia, and who 
shall not, when elected, be an inhabitant of the county which he rep- 
resents, and who does not own real estate of not less value than 1,000 
dollars in the county which he represents, and who shall not have 
attained the age of 25 years. The senator for each county who shall 
obtain the highest number of votes shall retain his seat eight years, 
and the one who was elected at the biennial election May, A. D. 1905, 
shall retain his seat for six years and all who are afterward elected 
eight years.* 

^ As amended 7 May 1907. PreTlonsly It was required, among other qnaUflcations, that 
the representative reside in his county two whole years and own real estate of not less 
value than 150 dollars in his county ; n^presentatives were elected biennially and served 
two years. 

* As amended 7 May 1907. Previously it was required, among other qaallflcations, 
that the senator reside in the Republic three whole years and own real estate of not 
leas value than 200 dollars ; senators served four years, one senator from each copnty 
being elected every two years. 



L.IBEBIA. 366 

SECT. 6. — ^IMPEACHMENTS, HOW TRIED. JUDGMENT IN SUCH CASES. 

The Senate shall try all impeachments; the senators being first 
sworn or solemnly affirmed to try the same impartially, and accord- 
ing to law, and no person shall be convicted but by the concurrence 
of two thirds of the senators present. Judgment in such cases shall 
not extend beyond removal from office, and disqualification to hold 
an office in the Republic ; but the party may be tried at law for the 
same offence. 

When either the President or Vice-President is to be tried, the 
Chief Justice shall preside. 

SECT. 7. — CENSUS, WHEN TAKEN. ONE REPRESENTATIVE FOR B\TERT TEN 

THOUSAND INHABITANTS. 

It shall be the duty of the legislature, as soon as conveniently may 
be after the adoption of this Constitution, and once at least in every 
ten years afterwards, to cause a true census to be taken of each town, 
and county of the Republic of Liberia; and a representative shall 
be allowed every town, having a population of 10,000 inhabitants; 
and for every additional 10,000 in the counties after the first census, 
1 representative shall be added to that county, until the number of 
representatives shall amount to 30 ; afterwards 1 representative shall 
be added for every 30,000. 

SECT. 8. — ^EACH BRANCH OF THE LEGISLATURE SHALL BE JUDGE OF THE 
ELECTION AND QUALIFICATI0K8 OF ITS MEMBERS. WHAT SHALL BE A 
QUORUM. MAY COMpEL THE ATTENDANCE OF ABSENT MEMBERS. 
MAY EXPEL A MEMBER. 

Each branch of the legislature shall be judge of the election re- 
turns and qualifications of its own members. A majority of each 
shall be necessary to transact business, but a less number may ad- 
journ from day to day, and compel the attendance of absent mem- 
bers. Each house may adopt its own rules of proceedings, enforce 
order, and with the concurrence of two thirds, may expel a member. 

SECT. 9. — ADJOURN, NEITHER HOUSE SHALL FOR MORE THAN TWO DAYS 

WITHOUT THE CONSENT OF THE OTHER. 

Neither house shall adjourn for more than two days without the 
consent of the other; and both houses shall always sit in the same 
town. 

SEOr. 10. — ^BILLfi OR RESOLUTIONS, HOW PASSED. TO BE PRESENTED TO 

THE PRESmENT FOR APPROVAL. 

Every bill or resolution which shall have passed both branches of 
the legislature, shall, before it becomes a law, be laid before the 



366 CONSTITUTIONS OF THE STATES AT WAB, 

President for his approval; if he approves, he shall sign it; if not, 
he shall return it to the legislature with his objections ; if the legis- 
lature shall afterwards pass the bill or resolution by a vote of two 
thirds in each branch, it shall become a law. If the President shall 
neglect to return such bill or resolution to the legislature, with his 
objections for five days after the same shall have been so laid before 
him, the legislature remaining in session during that time, such 
neglect shall be equivalent to his signature. 

SECT. 11. — SENATOBS AND REPRESENTATIVES FREE FROM ARREST, 

EXCEPT, AC. 

The senators and representatives shall receive from the Republic 
a compensation for their services to be ascertained by law ; and shall 
be privileged from arrest except for treason, felony, or breach of 
the peace while attending at, going to, or returning from the ses- 
sion of the legislature. 

Articlb III. — Executive Power. 

SECT. 1. — ^PRESIDENT OF THE REPUBLIC, HOW EUECTED. TERM OF OF- 
FICE, COMMANDER-IN-CHIEF. POWER TO MAKE TREATIES. NOMINATE, 
APPOINT, AND COMMISSION PUBLIC OFFICERS. FILL VACANCIES IN CERr 
TAIN OFFICES. INFORM THE LEGISLATURE OF THE CONDITION OF THE 
REPUBLIC. RECOMMEND PUBLIC MEASURES, REMIT FORFEITURES, AND 
GRANT PARDONS, EXCEPT IN CASES OF. IMPEACHMENTS. MAY REQUIRE 
INFORMATION FROM PUBLIC OFFICERS. MAY CONVENE THE LEGISLA- 
TURE, AND MAY ADJOURN THE TWO HOUSES. 

The supreme executive power shall be vested in a President, who 
shall be elected by the people and shall hold his office for the term 
of four years.* He shall be commander-in-chief of the Army and 
Navy. He shall, in the recess of the legislature, have power to call 
out the militia, or any portion thereof, into actual service in defence 
of the Republic. He shall have power to make treaties, provided 
the Senate concur therein, by a vote of two thirds of the senators 
present. He shall nominate, and with the advice and consent of the 
Senate, appoint and commission all ambassadors and other public 
ministers and consuls. Secretaries of State, of War, of the Navy, and 
of the Treasury, Attorney-Greneral, all judges of courts, sheriffs, 
coroners, marshals, justices of the peace, clerks of courts, registers, 
notaries public, and all other officers of State, civil and military, 
whose appointment may not be otherwise provided for by the Con- 
stitution or by standing laws. And in the recess of the Senate, he 

may fill any vacancies in those offices until the next session of the 

« ■ ■ I - . — ■ • 

1 As amended 7 May 1907. Previously the presidential term was two yeara 



UBBBIA. 367 

Senate. He shall receive all ambassadors and other public minis- 
ters. He shall take care that the laws be faithfully executed; he 
shall inform the legislature from time to time of the condition of 
the Republic, and recommend any public measures for their adop- 
tion, which he may think expedient. He may after conviction remit 
any -public forfeitiures and penalties, and grant reprieves and par- 
dons for public offences except in cases of impeachment. He may 
require information and advice from any public officer, touching mat- 
ters pertaining to his office. He may on extraordinary occasions 
convene the legislature, and may adjourn tlie two houses whenever 
they can not agree as to the time of adjournment. 

SECT. 2. — ^VICE-PRESmENT EL£CT£D IN THE SAME MANNER AND FOR THE 
SAME TERM AS THE PRESIDENT. QUALIFICATIONS THE SAME. PRESI- 
DENT OF THB SENATE. CASTING VOTE. PRESIDENT OF THE REFUBUC 
IN CASE OF THE REMOVAL OF THE PRESIDENT. LEGISLATT7RE MAT PRO- 
VIDE FOR THE CASES OF R£MOVAI«. 

There shall be a Vice-President, who shall be elected in the same 
maimer and for the same term as that of the President, and whose 
qualifications shall be the same; he shall be President of the Senate, 
and give the casting vote when the house is equally divided on any 
subject. And in case of the removal of the President from office, or 
his death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President ; and 
the legislature may by law provide for the cases of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly until the disability be removed or a President 
shall be elected. When a vacancy occurs in the Vice-Presidency by 
death, resignation or otherwise, after the regular election of the 
President and Vice-President, the President shall immediately order 
a special election to fill said vacancy.^ 

SECT. 8. — BECRETARr OF STATE. KEST THE RECORDS OF THE STATE AND 
PAPERS OF THE ISEQWLATUSE. SHALL ATTEND U?ON THE PRESIDENT 
OR LEGISLATURE WHEN REQUIRED. 

The Secretary of State shall keep the records of the State, and all 
the records and papers of the legislative body, and all other public 
records and documents not belonging to any other department, and 
shall lay the same when required before the President or legislature. 
He shall attend upon them when required, and perform such other 
duties as may be enjoined by law. 

^ ^ This last sentence was added 7 May 1007. 



368 CONSTITUTIONS OF THE STATES AT WAR. 

SECT. 4. — SECRETARY OF THE TREASURr. GIVE BONDS TO THE ACCEFTANCK 
OF THE I£OISLATURE. EXHIBIT ACCOUNTS WHEN REQUIRED. M0NET8 
DRAWN FROM THE TREASURY By WARRANT IN CONSEQUENCE OF APPRO- 
PRIATION. 

The Secretary of the Treasury or other persons who may by law be 
charged with the custody of the public moneys, shall before he re* 
oeive such moneys give bonds to the State, with-suflScient sureties, to 
the acceptance of the legislature, for the faithful discharge of his 
trust. He shall exhibit a true account of such moneys when required 
by the President or legislature, and no moneys shall be drawn from 
the treasury, but by warrant from the President, in consequence of 
appropriation made by law. 

SECT. 6. — CERTAIN PUBLIC OFFICERS, THEIR TERM OF OFFICE. MAT BE RE- 
MOVED WITHIN THAT TIME. WHAT OFFICERS HOU> THEIR OFFICE AT 
THE PliEASURE OF THE PRESIDENT. 

All ambassadors and other public ministet^ and consuls, the Sec- 
retary of State, of War, of the Treasury, and of the Navy, the 
Attorney-General and Postmaster-General, shall hold their offices 
during the pleasure of the President. All justices of the peace, 
sheriffs, coroners, marshals, clerks of courts, registers, and notaries 
public, shall hold their offices for the term of two years from the 
date of their respective commissions, but may be removed from office 
within that time by the President at his pleasure; and all other 
officers whose term of office may not be otherwise limited by law, 
shall hold their offices during the pleasure of the President.^ 

SECT. 6. — ^REMOVAL FROM OFFICE FOR OFFICIAL MlSOONDUCr; HOW AND 

BY WHOM. 

Every civil officer may be removed ftom office by ittipeachment, for 
official misconduct. Every such officer may also be removed by th# 
President upon the address of both branches of the legislature, stating 
their particular reason for his removal. 

SECT. 7. — QUALIFICATION OF THE PRESIDENT. 

No person shall be eligible to the office of President, who has not 
been a citizen of this Republic for at least twelve years previous to 

^ This section was amended on 7 May 1907 to read as follows : " All ambassadors and 
other officers (at named in said section) and all other officers whose term of office maf 
not be otherwise limited by law, shall hold their offices for four years or during the 
time of the President, but said officers may be removed from office at any time by the 
President for official misconduct.'* 



TiIBKRTA. S69 

his electicm, and who shall not have attained the a|re of 35 years^ and 
who is not possessed of unencumbered t«al estate of not less value 
than 3,000 dollars.^ 

SECT. 8. — COMPEKSATION OF THE PKBSmSNT. SHALL NEITHER BE IN- 
CREASED NOR DIMINISHS>.» AC. OATH OR AFFIRMATION BEFORE ENTER- 
ING ON THE EXECUTION OF HIS OFFICE. 

The President shall at stated times receive for his services com- 
pensati<m, which shall neither be increased nor diminished during the 
period for which he shall have been elected ; and before he enters on 
the execution of his office, he shaU take the following oath or affirma- 
tion: 

I do solemnly swear (or affirm) that I will faithfully execute the office of 
President of the Republic of Liberia^ and wiU, to the best of my ability, pre- 
serve, protect and defend the Constitution and enforce the laws of the Republic 
of Liberia. 

[SBCnON 9.]* 

For the purposes of counsel and advice, all Ex-Presidents shall be 
ex-oifUno members of the Senate, and shall be entitled to discuss all 
matters before that body, but shall not be entitled to vote thereon. 

The members of the cabinet, shall also be ex-officio members of the 
legislature, and shall be privileged tq attend either branch for the 
purpose of discussing or advising upon any matter appertaining to 
their respective departments. 

Akticle IV. — Jttdicial Department. 

SECT. 1. — JUDlOIAIi POWER, HOW VB8115D. JUDGES HOLD THEIR OFtlOX 
DURING GOOD BEHAVIOUR. HOW REMOVED. SALARIES MAY BE IN- 
CREASED, BUT NOT DIMINISHED. SHALL NOT RECEIVE OTHER PERQUI- 
SrrES OR EMOLUMENTS. 

The judicial power of this Republic shall be vested in one Supreme 
Court, and such subordinate courts as the legislature may from time 
to time establish. The judges of the Supreme Court, and all other 
judges of courts, shall hold their office during good behaviour, but 
may be removed by the President, on the address of two thirds of 
both houses for that purpose, or by impeachment and conviction 
thereon. The judges shall have salaries established by law, which 

^As amended 7 May 1007. Previously It wag required to be a citizen for flye years, 
to be 85 yean of age and to be possessed of unencumbered real estate of tbe value of 
600 dollars. 

'This amendment of 7 May 1007 has been Inserted here as Section 0. although its 
proper place is not indicated in the official sources. 



370 CONSTITUTIONS OF THE STATES AT WAB. 

may be increased but not diminished during their continuance in 
office. They shall not receive other perquisites or emoluments what- 
ever from parties or others on account of any duty required of them. 

SECT. 2. — SUPREME COURT, ORIGINAL AND APPEIXATE JURISDICTION. 

WHAT CASES. 

The Supreme Court shall have original jurisdiction in all cases 
affecting ambassadors or other public ministers and consuls, and 
those to which a county shall be a party. In all other cases the Su- 
preme Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions and under such regulations as the legis- 
lature shall from time to time make. 

SECTION 3.* 

The judges of the Supreme Court of the Republic shall be the 
Chief Justice and two Associate Justices. 

SECTION 4.* 

No person shall be appointed judge of any of the courts of records 
of this Bepublic, who has not resided in the Bepublic at least seven 
whole years, immediately previous to his appointment by the 
President. 

Each judge of the Supreme Court must, at the time of his ap- 
pointment by the President, be possessed of unencumbered real 
estate of not less value than 1,500 dollars, and attained the age of 
85 years ; and every judge of any of the subordinate courts of records 
of this Bepublic must, at the time of his appointment by the Presi- 
dent, be possessed of unencumbered real estate of not less value 
than 1,000 dollars, and attained the age of 30 years. 

Article V. — ^Miscellaneous Provisions. 

SECT. 1. — commonwealth; laws of to remain in forge until sb> 

PEALED BY THE LEGISLATURE. 

All laws now in force in the Commonwealth of Liberia, and not 
repugnant to the Constitution, shall be in force as the laws of the 
Bepublic of Liberia until they shall be repealed by the legislature. 

SECT. 2. — officers UNDER THE COMMONWEALTH TO HOLD OFFICES UNTIL 
OTHERS SHALL BE APPOINTED AND COMMISSIONED IN THEIR STEAD. 

All judges, magistrates, and other officers now concerned in the 
administration of justice in the Commonwealth of Liberia, and all 

^ Sections 3 and 4 were added 7 May 1907. 



TiTBKRTA. 871 

other existing civil and military officers therein, shall continue to 
hold and discharge the duties of their respective offices in the name 
and by the authority of the Kepublic, until others shall be appointed 
and conmiissioned in their stead, pursuant to the Constitution. 

SECT. 3. — TOWNS AND MUNICIPAL CORPORATIONS UNDER THE LAWS OP 
THE COMMONWEALTH TO RETAIN THEIR EXISTING ORGANIZATION AND 
AUTHORITY. 

All towns and municipal corporations within the Republic, con- 
stituted imder the laws of the Commonwealth of Liberia, shall retain 
their existing organizations and privileges, and the respective officers 
thereof shall remain in office, and act under the authority of this 
Republic, in the same manner and with the like powers as they now 
possess under the laws of said Commonwealth. 

SECT. 4. — ^FIRST ELECTION OP OFFICERS UNDER THIS CONSTITUTION. HOW 

ELECTED, RETURNS MADE, AND NOTICE GIVEN. 

The first election of President, Vice-President, senators and repre- 
sentatives shall be held on the first Tuesday in October, in the year 
of our Lord 1847, in the same manner as election of members of the 
Council are held in the Commonwealth of Liberia; and the votes 
shall be certified and returned to the Colonial Secretary, and the 
result of the election shall be ascertained, posted and notified by 
him, as is now by law provided in case of such members of Council. 

SECT. 5. — SELECTIONS WHERE HELD. TO WHOM RETURNS OF VO^BS SHAIX 
BE MADE. ORGANIZATION OF THE LEGISLATURE. VOTES FOR PRESI- 
DENT, BT WHOM COUNTED AND DECLARED. FAILING A MAJORITY OF 
VOTES FOR ANY ONE CANDIDATE, THE SENATORS AND REPRESENTATtVEfi^ 
IN CONVENTION, SHALL ELECT A PRESIDENT. 

All other elections of President, Vice-President, senators and rep- 
resentatives shall be held in the several counties of this Republic on 
the second Tuesday in October in every four years ;* to be held and 
regulated in such manner as the legislature may by law proscribe. 
The returns of votes shall be made to the Secretary of State, who 
shall open the same, and forthwith issue notices of the election to the 
persons apparently so elected senators and representatives, and all 
such returns shall be by him laid before the legislature- at its next 
ensuing session, together with a list of the names of the persons who 
appear by such returns to have been duly elected senators and repre- 
sentatives; and the persons appearing by said returns to be duly 

^As amended 7 May 1907. Previously the elections were biennial and were held on 
the first Tuesday in May. 



872 CONSTITUTIONS OF THB STATES AT WAR. 

elected, shall proceed to organize themselyes accordingly as the Senate 
and House of Representatives. The votes for President shall be 
sorted, counted and declared by the House of Representatives. And 
if no person shall appear to have a majority of such votes, the sena- 
tors and representatives present shall, in convention, by joint ballot, 
elect, from among the persons having the three highest number of 
votes, a person to act as President for the ensuing term. 

SECT. 6. MEETING OF THE LEGISLATURE AT LEAST ONCE IN EVERY YEAR. 

The legislature shall assemble once at least in every year, and such 
meeting shall be on the first Monday in January, unless a different 
day shall be appointed by law. 

SECT. 7. — OFFICERS REQUIRED TO SU3SCRIBE ON OATH OR AFFIRMATION. 
BY WHOM THE OATH OR AFFIRMATION SHALL BE ADMINISTERED, AC. 

Every legislator and other officer appointed under this Constitution 
shall, before he enters upon the duties of his office, take and subscribe 
a solemn oath or affirmation to support the Constitution of thid Re- 
public, and faithfully and impartially to discharge the duties of such 
office. The presiding officer of the Senate shall administer such oath 
or affirmation to the President, in convention of both houses; and 
the President shall administer the same to the Vice-President, to the 
senators and to the representiatives in like manner. Wheti the Presi- 
dent is imable to attend, the Chief Justice of the Supreitie Court 
may administer the oath or affirmation to him at any place, and also 
to the Vicfe-Presidettt, senators and representatives in convfentioti. 
Other officers may take such oath or affirmation before the Presi- 
dent, Chief Justice, or any other person who may be designated 
by law. 

SECT. 8. — ^A MAJORTTT OF THE VOTES REQUIRED FOR THE ELECTION OF 

CERTAli^^ OFFtCEftS. 

All elections of public officers shall be made by a majoHty of the 
votes, except in cases otherwise regulated by the Constitution or 
by law. 

SECT. 9. — OFFICERS ONLY CREATED WHICH THE PRESENT CIRCUMSTANCES 

REQUIRE. 



Officers created by this Constitution, which the present circum- 
stances of the Republic do not require that they shall be filled, shall 
not be filled until the legislature shall deem it necessary. 



LIBEBIA. 373 

SECT. 10. — THE RIGHT OP CERTAIN PROPERTY SECURED TO THE WIFE, 

WHICH CAN ONLT BE ALIENATED BY HER. 

The property of which a woman may be possessed at the time of 
her marriage, and also that of which she may afterwards become 
possessed, otherwise than by her husband, shall not be held respon- 
sible for his debts, whether contracted before or after marriage. 

Nor shall the property thus intended to be secured to the woman 
be alienated otherwise than by her free and voluntary consent, and 
such alienation may be made by her either by sale, devise or other- 
wise. 

SECT. 11. — THE widow's SHARE OF INSOLVENT ESTATES. 

In all cases in which estates are insolvent, the widow shall be en- 
titled to one third of the real estate during her natural life, and to 
one third of the personal estate, which she shall hold in her own 
right, subject to alienation by her, by devise or otherwise. 

SECT. 12. — NONE BUT A CITIZEN IS ENTITLED TO HOLD REAL ESTATE, 

EXCEPT, AC. 

No person shall be entitled to hold real estate in this Jiepublic, 
unless he be a citizen of the same. Nevertheless, this article shall not 
be construed to apply to colonization, n^issionary, educational or 
other benevolent institutions, so long as the property or estate is ap-- 
plied to its legitimate purposes. 

SECT. 13. — NONE BUT PERSONS OF COLOUR SHALL BE ADMITTED TO CITIZEN- 

BHIP. 

The great object of forming these colonies being to provide a home 
for the dispersed and oppressed children of Africa, and to regenerate 
and enlighten this benighted continent, none but persons of Negro 
descent^ shall be admitted to citizenship in this Republic. 

SECT. 14. — ^PRIVATE INDIVIDUALS SHALL NOT PURCHASE LAND FROM THE 

ABORIGINES. 

The purchase of any land by any citizen or citizens from the 
aborigines of this country for his or their own use, or for the benefit 
of others, on estate or estates in fee simple, shall be considered null 

and void to all intents and purposes. 

. ■ ' - ' ■ 

1 As amended 7 May 1907. PrevlouBly " none but persons of colour " were admissible 
to citizenship. 



374 CONSTITUTIONS OF THE STATES AT WAR. 

SECT. 15. — THE IMPROVEMENT OF THE NATIVE TRIBES. THE APPOINTMENT 
OF SUITABLE PERSONS TO VISIT AND INSTRUCT THEM. THE LEGISLATURE 
TO MAKE APPROPRIATION FOR THAT PURPOSE. 

The improvement of the native tribes and their advancement in the 
arts of agriculture and husbandry being a cherished object of this 
government, it shall be the duty of the President to appoint in each 
county some discreet person, whose duty it shall be to make regular 
and periodical tours through the country for the purpose of calling 
the attention of the natives to those wholesome branches of industry, 
and of instructing them in the same; and the legislature shall, as 
soon as it can conveniently be done, make provisions for these pur- 
poses by the appropriation of money. 

SECT. 16. — THE EXISTING REGULATIONS OF THE AMERICAN COLONIZATION 
SOCIETY RELATIVE TO IMMIGRANTS TO REMAIN THE SAME UNTIL REGU- 
LATED BT COMPACT, &C, 

The existing regulations of the American Colonization Society in 
the Commonwealth relative to emigrants shall remain the same in 
the Republic until regulated by compact between the Society and the 
Bepublic ; nevertheless, the legislature shall make no law prohibiting 
emigration. And it shall be among the first duties of the legislature 
to take measures to arrange the future relations between the Ameri- 
can Colonization Society and this Republic. 

SECT. 17. — THIS CONSTITUTION MAT BE ALTERED. HOW AND WHEN. 

This Constitution may be altered whenever two thirds of both 
branches of the legislature shall deem it necessary ; in which case the 
alterations or amendments shall first be considered and approved by 
the legislature, by the concurrence of two thirds of the members of 
each branch, and afterwards by them submitted to the people, and 
adopted by two thirds of all the electors at the next biennial meeting 
for the election of senators and representatives. 



LIECHTENSTEIN. 

This principality, whose origin dates back to 1712 and which was 
raised to an Imperial Principality by Emperor Charles VI in 1719, 
is the only one which continued to follow the fortunes of Austria 
after the reconstitution of the German Empire under the hegemony 
of Prussia. Since 1866 it has had no confederative alliance, but has 
enjoyed close relations with Austria by virtue of various ti^aties. 
Its first Constitution, dated 9 November 1818,^ was promulgated in 
pursuance of Article 13 of the Act of the German Confederation. 
Several modifications made in this Constitution in 1848 and 1849 
were abolished in part in 1852. The Constitution of 1818 remained 
in force until the Prince, John II, promulgated the Constitution 
of 26 September 1862, which since that date has been modified 
in separate provisions by the Laws of 19 February 1878, 29 December 
1895 and 11 October 1901.* 



COlTSTITTrTIOir OF 26 SEPTEHBEB 1862.' 

[Preamble.] 

We, John II, by the grace of God, Sovereign Prince of Liechten- 
stein, Duke of Troppau, Count of Rietberg, etc., etc., etc., make 
known by these presents that the Constitution of our Principality 
has, as a result of the wishes expressed by our faithful Estates and 
with the advice and constitutional sanction of the assembled Diet, 
been ordered as follows. 

Chapter I. — ^Thb PRiNCiPALrrT and Its Government. 

Article 1. The Principality of Liechtenstein, in the union of its 
two provinces of Vaduz and Schellenberg, forms an indivisible and 
unalterable unit and as such is a part of the German Confederation. 

Art. 2. The Prince is the head of the State, unites in his person 
all State rights, and exercises them according to the provisions laid 
down in the present Constitution. 

His person is sacred and inviolable. 



^ English tranalatlon In the BriUah and Foreign State Paper e, 6 : pp. 1192-1194. 

' This Introductory paragraph is based upon F. R. Dabbstb bt P. Dabbstb, Leg OoMti- 
tutUme modemee (3d edition, Paris, 1910), toI. i, p. 682. There is a fuller account in 
Paul Posenkr, Die Staatsverfassungen dee BrdhaXla (Charlottenburg, 1909), pp. 666-667. 

* Translated by B. H. Zbtobl from the German text in Posbnbb, op. oit.« pp. 667-072. 

876 



376 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 3. The government is hereditary in the princely house of 
Liechtenstein in accordance with the house laws. The latter also 
regulate the questions that may arise as to the majority of the 
Prince and of the hereditary prince, and questions pertaining to 
guardianship. 

Chapter II. — ^The General Rights and Duties of Subjeotb, 

Art. 4. Sojourning within the boundaries of the Principality car- 
ries with it the duty of obeying its laws and on the other hand forms 
the basis for legal protection. 

Art. 5. The acquisition of all political rights is permitted to every 
subject in accordance with the provisions of this Constitution. 

Art. 6. The laws provide for the origin and acquisition and for 
the deprivation and loss of political rights and of citizenship. 

Art. 7. The provincial laws provide the general legal standard 
for all subjects, g,nd all subjects are equal before the law. 

Art. 8. Freedom of the person and of external religious worship 
are guaranteed by this Constitution. 

Freedom of communicating thought through the press shall be 
regulated by a special law. 

Art. 9. As a rule no one may be deprived of his ordinary judge 
nor arrested and punished in a way other than that provided by law 
in given cases and under observance of the legal forms. 

Except when a person is caught in ftagrarUe delicto^ his arrest may 
take place only by virtue of an official order with the reasqns stated 
therein. 

Art. 10. Every person who is arrested must be informed of the 
reasons for his arrest immediately, at the latest within 24 hours after 
his arrest, and he must be granted a hearing by the officials of the 
court. If the arrest was not made by the court which is competent 
to continue the proceedings, the arrested person must be delivered to- 
the competent court. 

Art. 11. Every person against whom a charge has been made shall, 
unless there is conclusive evidence of a crime against him, be imme- 
diately released from custody after the deposdt of a suitable bail or 
security to be fixed by the court. 

Art. 12. Domiciliary search shall take place only in unavoidable 
instances and by virtue of an order granted by the competent court, 
under observance of the legal forms. This order must be presented 
in writing to the owner of the domicile. 

Art. 13. The arrested person has the right, under the supervision 
of the competent court, to communicate with his relatives orally or 
in writing concerning his family relations, and, during the examina- 
tion, to secure through his own means better food than the ordinary.. 



UECHTBKSTEIN. 377 

This right may be curtailed or formally pi'ohibited by the court 
because of abuse or for other reasons of importance. 

Art. 14. Property or other rights and privileges may be demanded 
for purposes of the State or of a community only in the cases and 
forms prescribed by the law and in consideration of full indemnity, 
which must be paid previously. 

Art. 15. The Constitution guarantees the release by sale of all 
existing tithes, also of ground taxes in accordance with the pro- 
visions of a law, which does not, however, exclude the possibility of a 
friendly agreement 

Art. 16. All confiscation of property is prohibited, but the con- 
fiscation of separate articles which have served or may serve as tht 
tool or means of a crime or a violation is henceforth pennitted. 

Art. 17. Exclusive commercial and industrial privileges for a lim- 
ited period will be regulated by a special law in agreement with the 
laws of the Confederation thereto pertaining. 

Art. 18. The right of forming societies is regulated by a law and i& 
protected by the Constitution. 

Art. 19. The right of making complaints is guaranteed. 

Consequently every subject has the right to complain, to the 
authorities which are immediately superior, about the conduct or 
acts of public officials injurious to his interest and in violation of 
the Constitution, the laws, or the regulations. Such complaints, if 
necessary, may be prosecuted to the highest authorities. If the com- 
plaint is rejected by the superior authorities, the said authorities 
must furnish the petitioner with the reasons for their decision. 

Art. 20. The right of petitioning the Diet is guaranteed, and not 
only individual subjects and others acting in their interests, but also 
communes and corporations may present their wishes and requests 
to the Diet through a member thereof. 

Art. 21. Every man capable of bearing arms is liable to be called 
to the defense of the country in case of need, until he has passed his 
sixtieth year. 

The law determines the obligations of military service and the 
ordinary and extraordinary military duties in time of war as well aa 
of peace, in accordance with the laws of the Confederation thereto 
pertaining.^ 

Art. 22. A communal law which is to be promulgated shall be 
based on the following points: 

a. Free choice of the conmiunal president by the communal 
assembly. 



> Here and elsewhere the term " Confederation " refers to the German Confederation 
to which Liechtenstein belonged prior to 1866. Bee the introductory paragraph abOTe^ 
p. 375. 

88381—19 25 



378 CONSTITUTIONS OF THE STATES AT WAR. 

6. Independent administration of property and of local police 
under supervision of the government. 

c. The administration and regulation of the poor laws and of the 
schools. 

d* The right of the commune to grant citizenship. 

e. Freedom of settlement of subjects in every commune. 

Chapter III. — The Authority of the State, Its Exercise, and 

THE Officials of the State. 

Art. 23. The Prince represents the State in all its relations with 
foreign States. 

Without the consent of the Diet neither the State as a whole nor 
any part thereof, nor any property of the State, may be sold by 
treaties with foreign States, and no sovereign right or royal preroga- 
tive of the State may be relinquished or otherwise disposed of in 
favor of a foreign State ; moreover, no new burden may be imposed 
upon the Principality or its subjects and no obligation may be con- 
tracted which might violate the rights of the subjects. 

Art. 24. Without the cooperation and the consent of the Diet no 
law may be promulgated, rescinded, modified or authentically 
interpreted. 

However, the Prince will without the cooperation of the Diet take 
measures required for the execution and administration of the laws, 
as well as make regulations concerning the right of supervision and 
administration and issue the proper ordinances. The Prince will 
also in cases of urgency take the necessary precautions for the safety 
and welfare of the State. 

Art. 25. These provisions are applied by the laws in practice in 
police matters of the country. 

Ajrt. 26. All laws and ordinances which are at variance with an 
express provision of the present Constitution are hereby rescinded. 

Such legal provisions as are not in accord with the spirit of this 
Constitution shall be submitted to a constitutional revision. 

Art. 27. The governing power, which is in the hands of the 
Prince, shall, in conformity with the provisions of this Constitution, 
be exercised by responsible State of&cials appointed by the Prince. 

Art. 28. The organization of the State authorities shall be regu- 
lated by the Prince through decrees, but these decrees must be based 
on the constitutional provision that the authorities have their official 
residence in the Principality. 

Art. 29. All laws and ordinances and all decrees, which issue 
from the Prince or a regency, must, in order to gain validity, be 
countersigned by a responsible official who is present in the land. 



UBOHTBKSTEIK. 379 

Further regulations on this subject are reserved for a special law, 
which shall form an integral part of the Constitution. 

Art. 30. The head of the government shall give to the Diet at 
every regular session detailed information as to the revenues and 
expenditures of the country and shall submit to it the government's 
rough estimate of revenues and expenditures for the next year. 
These expenditures shall include only sums necessary for the internal 
administration and foreign relations, since the Prince retains for 
himself none of the revenues. Finally the sovereign makes the 
necessary proposals for the manner ^f covering the expenditures 
which are required. 

Art. 31. The government has the right of incurring necessary 
expenditures which were unforeseen and were not included in the 
budget, subject to the approval of the competent State authorities 
who must report to the Diet at its next session on the necessity of 
making the expenditures, as well as give an accoimt of the use to 
which the funds were put and also secure the approval of the Diet. 

Art. 32. Funds saved in separate items of the budget may not be 
used to cover deficits in others. 

Art. 33. The courts of law are administered in the name of the 
Prince by approved and responsible judges. 

Art. 34. In matters pertaining to the administration of justice 
and in legal proceedings, the courts, within the bounds of their legal 
efficacy, are independent of all influence of the government. 

Art. 35. The fisc and the princely domanial authorities are sub- 
ject to the jurisdiction of the ordinary courts. 

Art. 36. Beside the ordinary courts, compromise and arbitral 
courts are established for the exercise of judicial functions in civil 
affairs. The appointment and selection of these, as well as the 
method of procedure, depend on the wish of the parties. 

Art. 37. All courts must append reasons to their decisions and 
findings. 

Art. 38. The Prince has the exclusive right over the disposition 
of the army, the formation of the same, disciplinary measures and 
the right to issue all orders concerning the military service without 
the consent of the Diet. 

Legal provisions not referring to the aforementioned subjects shall 
hereafter be made only with the consent of the Diet. 

Chapter IV. — ^The Representation of the Country in General 

AND Its Powers in Partictjiar. 

Art. 39. The Diet is the legal organ of all the subjects and as such 
it is obliged to protect their rights in relation to the government, 
according to the provisions of the Constitution ; it shall furthermore 



380 CONSTITUTIONS OF THE STATES AT WAR. 

promote to the utmost the general welfare of the Prince and of the 
land, with faithful devotion to the principles of the Constitution. 

Art. 40. The powers of the Diet shall extend especially over the 
following subjects: 

a. Constitutional cooperation in legislation. 
6. Granting of taxes. 
€. Cooperation in military conscription. 

d. The right of petitioning and complaining with regard to 
the State administration in general, as well as its separate branches, 
finally the right to propose a ^complaint on the subject of violation 
of the Constitution and of the laws on the part of responsible State 
officials. 

Art. 41. The right of initiative in legislation, i. e., the introduction 
of bills, may be exercised by both the Prince and the Diet. If a 
bill is rejected by either party, it can not be introduced again in the 
same Diet without essential modification. 

AttT. 42. With respect to defects and abuses resulting from the ad- 
ministration Kx the practice of law or arising from representations, 
petitions and complaints submitted to the Diet by individuals or aM*- 
porations, the Diet shall alwaj^s have the right to submit representa- 
tions and complaints directly to the Prince and to request that such 
defects and abuses be remedied. To this category belong also com- 
plaints against State officials because of violation of the Constitution, 
alienation of public moneys, extortion, bribery or gross neglect of 
official duties ; such complaints may be submitted by the Diet directly 
to the Prince. In every case, the remedying of the causes for com- 
plaints or the result of the examination shall be reported to the Diet 
or the committee. 

Art. 43. Without the consent of the Diet no direct or indirect tax 
nor any other State dues or general contribution, whatever name they 
may bear, shall be imposed and raised. The consent of the Diet shall 
be expressly mentioned in the proclamation of the tax. 

The method of apportioning and distributing all public dues and 
contributions among persons and goods, as well as the method of 
raising said dues and expenditures, require the consent of the Diet. 

Dues and contributions which are necessary to cover recognized 
and approved outlays in the State budget %nd such as are required 
for the fulfilment of general obligations of the Confederation, and 
which are therefore sufficiently justified, may not be refused. 

Art. 44. The granting of taxes usually takes place at every ordinary 
session of the Diet. 

Art. 45. With regard to the fiscal administration of the country 
a budget covering all revenues and expenditures for the next fiscal 
period shall be submitted to the Diet for its examination, criticism 
and approval ; this budget is to be as complete as possible, and a pro- 



IJEGHTBN8TBIK. 381 

posal with regard to the taxes that must be levied is to be appended 
thereto. With regard to the expired fiscal period a careful account 
of the expenditure of the sums approved and raised in accordance 
with the budget is to be submitted by the government, under reserva- 
tion of approval of justified transgressions and with the right of 
holding the government responsible in those cases of transgression 
which are not justified. 

Art. 46. The Diet, in conjunction with the Prince, has the right to 
dispose of the assets of the State treasury. 

Art. 47. The Diet has the right to decide upon the flotation of 
loans to the State treasury to cover extraordinary needs; without its 
consent no loan may be undertaken for the country. 

Art. 48. The salary and pension budgets shall be communicated to 
the Diet for its approval, in so far as the salaries and pensions are 
paid wholly or partially out of the State treasury. 

.Claims for pensions on the part of officials in general shall be regu- 
lated by a special law. 

Art. 49. The levy of troops is subject to legislation. The Diet 
gives its consent to the annual levy which, however, may not be re- 
fused as far as the provisions of the Confederation require. 

Art. 50. All agreements with ecclesiastical authorities must be sub- 
mitted to the Diet as far as they are affected by legislation. 

Chapter V. — EccLEsiASTiCAii Foundations and Educational 

Institutions. 

Art. 51. Church property and the property of foundations for re- 
ligious, educational and charitable institutions are under the protec- 
tion of the Constitution. 

Art. 52. The administration of the property of educational and 
<3haritable institutions shall be regulated by proper legislation. 

Art. 53. The property of the Church and of foundations can only 
be disposed of in accordance with the conditions of the charter of 
foundation, and, in the absence thereof, according to their original 
purposes. 

Only in cases where these purposes can no longer be attained may 
the property be used for other purposes, and then only with the con- 
sent of those interested, and, in so far as public institutions are con- 
cerned, only with the consent of the Diet. 

Art. 54. Provision shall be made for the necessary educational in- 
stitutions, especially the elementary schools, the non-classical and in- 
dustrial high schools, also for the education and support of teachers ; 
the care of these matters shall be commended to the especial attention 
of the entire State representation. 



382 CONSTITUTIONS OF THE STATES AT WAK. 

Chapter VI. — The EiiEc?noN or the Deputies to the Diet. 

Abt. 56. The Diet consists of 15 members. Three of these are ap- 
pointed by the Prince from among the inhabitants of the Principality 
who are entitled to vote ; of the rest of the members seven are elected 
by electors from the highlands and five by electors from the low- 
lands.^ 

Art. 56, The election of the electors takes place independently in 
each commune in such a way that two electors represent every 100 
inhabitants. In this computation a total of more than 50 inhabitants 
is considered a complete unit of 100, 

Art, 57, All subjects of Liechtenstein who are of the male sex, 
enjoy their full civil rights and reside in the Principality* are 
actively and passively entitled to vote. 

Art. 68. The primary voters exercise their right of suffrage in 
the commune in which they find themselves at the time of the election. 

The electors must be chosen from their own electoral cpmmunes. ' 

Art. 59. Every voter can exercise his right of suffrage in person 
only. 

Art. 60. The following are excluded from the active and passive 
right of suffrage and are therefore neither entitled to vote nor to 
be elected : 

a. Persons who have been deprived of the free disposition of 
their property or enjoy support as paupers. 

i. Persons against whom baiikruptcy proceedings have been 
declared or who have undertaken compromise proceedings with their 
creditors, during the proceedings and after the conclusion of the 
same, in case they have not been declared innocent. 

c. PersoAs who have been punished because of a crime or an 
offence or a transgression committed for the sake of gain or against 
public decency, also persons who by a decision of a court have been 
sentenced to a degradation of office.^ 

Art. 61. If an elected deputy should be appointed to a permanent 
paid official position, or if a change takes place in the official position 
of an elected member of the Diet, who is at the same time a spiritual 
or temporal official of the State, a new election must take place, in 
which case the departing member may be relected if his new posi- 
tion permits it. 

Art, 62. The proclamation of the Diet elections is in the hands of 
the government. In the proclamation the communes are directed to 

^Amended by the Law of 19 February 1878 {Lieohtenateinieohes IiondeB-GeBetahlait, 
1878, No. 2). 

* The following clause was rescinded by the Law of 19 February 1878 : " who have 
reached their 24th year and follow an independent vocation on their own account." 

* Amended by the Law of 19 February 1878 ; the loss of suffrage rights was formerly 
conditioned by menial service and support as a pauper; in the case laid down under 
Section c a person formerly lost his rights of suffrage also If acquittal was only the result 
of InsufBcient evidence. 



LIBOHTBKSTEIK. 388 

conduct the elections of the electors on a stated day according to 
law. 

Art. 63. This notice must be given at least 21 days before the elec- 
tion. Within the first 8 days following, the communal president 
with the cooperation of a commission of at least 4 members, to be 
chosen by the commune, must draw up the election list of the primary 
voters and determine the number of electors according to Article 66. 
The conmiission appoints one of its number secretary. The election 
list is publicly posted 14 days before the election of the deputies ; a 
copy is at the same time sent to the government. 

Claims against these election lists must be made to the president 
of the commune within 48 hours, and the president immediately sub- 
mits them to the head of the government. The latter makes a pro- 
visional decision, which is to be in force during the elections. As 
soon as the Diet has been constituted, it shall render final decision 
in the matter. 

Art. 64. At least six days before the election of the deputies the 
election of the electors takes place in the communal building, after 
the election day, determined in conjunction with the government, 
has been previously published by the priasident of the commune. 
The notice in which this is done diall invite all voters to fulfil their 
duties and shall call attention to the consequences ensuing in case of 
unwarranted absence from the elections. 

Art. 65. The voting for the electors must be carried on in the 
presence of a princely electoral commissioner and must be under 
the direction of the conmiunal president and the commission which 
assisted in the preparation of the election list. 

The commune is at liberty to assign to this commission two addi- 
tional citizens as registrars. 

Art. 66. Votes are cast according to the list singly and for as 
many electors as must be chosen by the commune. The members of 
the electoral commission vote first. Vote by proxy is prohibited. 

Art. 67. In these elections a relative majority of votes decides, and 
in case of a tie the matter is decided by lot. 

Art. 68. The election secretary draws up a careful protocol of the 
election proceedings, and each separate vote is recorded therein with 
reference to the election list and the duplicate. 

Art. 69. After the election is completed, the result is publicly 
posted in the commune and reported by the electoral commission to 
the govenunent. 

Art. 70. As soon as the electors have been regularly appointed in 
all communes, the head of the government publishes the day. ^ 
and place of the election of the delegates to the Diet, which is 
place separately in the highlands and lowlands.^ 



^ Amended by the Law of 19 February 1878. 



384 coNSTiTUTiojrs of the states at war. 

Art. 71. The electoral commissions are formed from the heads of 
the electoral districts in question, and the presidents of the commmies 
in which, according to the direction of the government, the elections 
are to take place, preside. The election, too, is to be attended by a 
princely commissioner.^ 

Art. 72. The electors must appear punctually on the appointed 
day and at the specified time at the place where the election is to be 
held, and they shall prove their identity by presentation of their 
voting card. The voting cards are issued to the electors by the com- 
munal electoral commissions and contain only the date of the election, 
the name of the person elected and the number of votes cast for him. 

Art. 78. The president of the electoral commission at the appointed 
hour, without regard to the number of electors present, opens the 
proceedings of the election of the deputies with an address in which 
he invites the electors to cast their votes with only the concern for 
the general good and the welfare of the land in mind, irrespective 
of all minor considerations and special interests. Hereupon the elec- 
tors proceed to the voting, and they are ^permitted to increase the 
legally constituted electoral commissions by adding out of their own 
number from 3 to 5 registrars, if they wish to make use of this right.^ 

Art. 74. Each elector must designate as his choice the number of 
candidates for the office of deputy allowed to his district. This desig- 
nation is made in writing on ballots which are deposited into tfc« 
urn which is ready for the purpose. The ballot must contain the 
names of the deputies voted for, and they must be written plainly 
and definitely, so that there may be no ambiguity as to the choice 
of persons. 

In case of a tie between two candidates the matter is decided bv 
lot. The lots are always drawn in the presence of all the electors, 
and if the interested parties are not present in person, the two oldest 
electors are appointed representatives for the drawing. If an elec- 
tion can not be completed on the same day, it is continued on the next. 

After the completion of the election of the deputies the substitutes 
are elected in the same way. There are to be 3 substitutes for the 
highlands and 2 for the lowlands.^ 

Art. 75. The secretary of the commune in which the election takes 
place, chosen for this purpose, shall draw up a careful protocol of 
che election proceedings, and the votes shall be entered upon it as 
well as upon the voting list and the duplicate list. 

Art. 76. If in the voting there should be doubt as to tKe identity 
of an elected person, the electoral commission renders a provisional 
decision in the matter. 



^ Amended by the Law of 19 February 1878. 



UBGHXBNSTBIK. 885 

The same procedure is followed, if, before the beginning of the 
voting, objection is made against an elector who has appeared with 
his TOting card. Final decision in the matter is rendered by the Diet, 
which shall take up the question immediately after it has been con- 
stituted. 

Art. 77. When the voting is completed, the results thereof are 
published by the president of the commission, in accordance with the 
number of votes of the assembled electors. 

Art. 78. Absolute majority is required for the validity of the elec- 
tion of deputies to the Diet. In case of a tie the matter is decided 
by lot 

Abt. 79. If an absolute majority has not been attained in the first 
ballot, a second election must be held, which is, of course, restricted 
to the number of delegates who have not attained an absolute ma- 
jority in the preceding ballot. 

Otherwise the second ballot is conducted in precisely the same 
way as the first ; the election is not limited by any other restriction 
and is conditioned only by the number of candidates as a result of 
the first election. 

Art. 80. If the election is not completed by the second ballot, a 
relative majority will decide in the third ballot, and only the names 
of those candidates mentioned in the seoond ballot may be voted on. 

Art. 81. In case of a tie between two candidates the matter is de- 
cided by lot. The drawing of the lot always takes place in the pres- 
ence of all electors, and if the participants are not present in person, 
the two oldest electors are appointed representatives for the drawing. 
If an election can not be completed on the same day, it is c<»itinued 
on the next. 

After the completion of the election of the deputies, the 5 substi- 
tutes are elected in the same way. 

Art. 82. A person elected to the ofElce of deputy may decline the 
position, but must within ten days after being informed of his elec- 
tion declare his intention to the head of the government. If no such 
declaration is made, the election is accepted. A person who has ac- 
cepted an election may be dismissed from the Diet only for valid 
reasons. 

Art. 83. A State official who has been elected to the Diet must 
secure the permission of the government. Such permission will, how- 
ever, be granted in every case, except for very important reasons. In 
case such permission is refused, the substitute enters the Diet. 

Art. 84. If father and son should be elected deputy at the same 
time, the son shall be excluded unless the father voluntarily agrees 
to resign. 



386 CONSTITUTIONS OF THE STATES AT WAR, 

Art.^85. Vacancies so caused will be filled by summoning the sub- 
stitutes. 

Art. 86. After the completion of the entire electoral proceedings 
the election protocol with all its annexes is submitted to the head 
of the government, and those who have been elected receive for their 
legitimation an election document containing the signatures of all 
persons who participated in the conduct and authentication of the 
elections. They shall submit a receipt for this document within the 
period stipulated in Article 82. 

Art. 87. All primary voters shall take part in the election of elec- 
tors. Those who without good reason absent themselves from the 
election, are liable to a fine of 1 gulden, which accrues to the poor- 
house fund. The electoral commission decides on the validity of 
excuses for absence. The validity of the elections of deputies and 
substitutes is not conditioned by the appearance of any fixed number 
of electors.^ 

Art. 88. If the prescribed forms were not observed in the course of 
the election, or if the requisite legal qualities are not found in the 
persons elected, or if illegal infiuences and punishable activities made 
themselves felt, the election is null and void. 

If one or more unqualified persons participated in the voting, the 
elections are nevertheless considered valid if the difference in the 
number of votes resulting thereby has no effect on the majority of 
votes attained by the person elected. If the latter is not the case, 
the election is void. The Diet, which is to be informed of the validity 
or invalidity of the elections, orders an investigation, if necessary, in 
case illegal practices have been discovered, at the proposal of the gov- 
ernment. Such investigations are conducted through the regular 
legal channels. 

The government shall decree new elections immediately, if an elec- 
tion has been manifestly conducted in such a way as to make its 
invalidity clear. 

Chapter Vli. — ^Thb Diet. 

Art. 89. The Assembly of Deputies, summoned in a regular, legal 
way, forms the constitutional organ of the Diet. 

Art. 90. The Prince alone has the right to call ordinary and extra- 
ordinary sessions of the Diet, to close them, and to prorogue or dis- 

1 As amended by the Law of 19 February 1878. This article formerly read : ** All 
primary voters shall take part in the election of electors. At least two thirds of the 
persons entitled to the suffrage must cast their vote in the election of deputies to the 
Diet. If the election can not be held becau-se of the lack of this number of electors* 
those electors who did not appear must defray the expenseR of the proposed elections 
among themselveR or with mutual responsibility. Only those shall be excepted who 
were prevented by force majeure from being present at the electoral proceedings. The 
decision of the electoral commission in this matter is final.** 



MBCHTBNSTBIK. 387 

solve the Diet for three months for important reasons which must in 
every case be communicated to the Assembly. 

Art. 91. The Prince will convene the Diet as often as he considers 
it necessary for the transaction of important and urgent matters per- 
taining to the country. 

Art. 92. Ordinarily the Diet must be summoned once a year, at 
the latest between 15 and 81 October.^ 

Art. 93. After the dissolution of the Diet a new election must be 
ordered within four months,, and the newly elected members of the 
Diet must be summoned. 

Within the same period a prorogued Diet, too, must be convened 
again. 

Art. 94. An extraordinary Diet must be summoned after every 
change in the government; it must be called within 30 days after the 
said change in government has taken place. If the Diet has pre- 
viously been dissolved, the elections are to be hastened so that the 
new Diet may convene at the latest 60 days after the change in 
government has been effected. 

Art. 96. The regular sequence of ordinary sessions of the Diet 
can not be broken because of an extraordinary session. 

Art. 96. All the rights accruing to the Diet can only be exercised 
in the legally constituted Assembly. 

Art. 97. IJpon convening, the Diet, under the presidency of its 
senior presiding member, elects a president and a vice-president for 
the transaction of business. Both elections require subsequent con- 
firmation by the Prince. 

Art. 98. The deputies and substitutes are elected for a period of 
4 years.^ 

Art. 99. The departing members of the Diet may be reconfirmed 
in so far as they were named by the Prince, or they may be reelected 
in so far as they received their membership by election. 

Art. 100. If a member of the Diet named by the Prince should 
die, lose his personal qualifications or be permanently prevented 
from attending the sessions, a new member of the Diet is named by 
the Prince. 

Art. 101. The deputies shall as a rule not be elected prior to 6 
weeks before the convening of the Assembly. The Diet is convened 
by a princely decree in which the day and the hour of the meeting 
of the Diet shall be specified. 

1 Amended by the Law of 11 October 1901. Formerly Article 92 read : " Ordinarily 
the Diet must be Bnmmoned once a year, namely between 16 and 81 May.*' 

I As amended by the Law of 19 Febmary 1878. Formerly Article 98 read : 

" The deputies are appointed and elected for a period of 6 years. Half of those elected 
must always depart after 3 years and shall be replaced by newly elected members. 

** In the first assembly those who are to depart are chosen by lot, thereafter by 
quence." 



388 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 102. After having been summoned the deputies shall appear 
personally at the seat of the government, where their meeting takes 
place. Vote by proxy is not permitted. In case of legal hindrance 
the deputy in question shall notify the government thereof, if pos- 
sible before the opening of the Diet. If the hindrance is permanent, 
a substitute must be summoned. 

Art. 103. The Diet is opened by the Prince in person or by a 
plenipotentiary with fitting ceremony, on which occasion all newly 
entering members swear the following oath : 

I swear that I will obey the Constitution and the existing laws and observe 
the welfare of the country without private considerations, according to my 
own convictions. So help me God ! 

Members who enter after the opening of the session have this oath 
administered to them by the president of the Diet. 

Art. 104. Decisions made by the Diet are to be executed as soon 
as possible and are to be published by the government at the latest 
at the time of the meeting of the Diet Committee in the month of 
August. 

The laws shaU be published with the notice that they have been 
examined by the government and approved by the Diet. 

Art. 105. The Diet is closed by the Prince in pei-son or by a 
princely commissioner. 

Art. 106. At the time of the dissolution of every Diet and at the 
time of the adjourning of an ordinary Diet, a Committee must be 
elected, for which the former members are again eligible, as far as 
they retain their seats in the Diet. In order to complete this elec- 
tion the Assembly must always be permitted to meet, even imme- 
diately after its dissolution. If extraordinary conditions should 
make it impossible to hold such meetings, the former members [of 
the Committee] or their representatives must continue the business 
of the Committee. 

Art. 107. No member of the Diet may be arrested in the course of 
a session without the consent of the Diet, unless he be caught in 
flaffranie delicto. 

In the latter case the Diet shall immediately be informed of the 
reasons for the arrest which has occurred. 

Art. 108. If a member of the Diet should be arrested during the 
last 6 weeks before the opening of the Diet, the Committee shall 
immediately be informed of the reasons for the arrest. 

Art. 109. During a session of the Diet the deputies receive from 
the public treasury a suitable per diem allowance. 

Chapter VTII. — ^Thb Diet CoMMrrrEE. 

Art. 110. *As long as the Diet is not in session, there will be a 
Committee to take its place and to transact all business which re* 
quires the cooperation of the popular representation. 



OBCHTBKSTEIN. 389 

Art. 111. The Diet Committee consists of the president and of '2 
other members of the Diet, one from the highlands and one from the 
lowlands. In case the president is prevented, the vice-president takes 
his place, and in case the 2 Committee members are prevented, they 
are represented by substitutes.* 

Art. 112. The members of the Committee and their substitutes are 
elected by all the deputies from their own number.^ 

Art. 118. The Commiteee has the right and the duty : 
cu To see that the Constitution is preserved, that the decisions 
of the Diet are executed and that the Diet is again called in due time 
after it has been dissolved or adjourned. 

J. To examine the public treasury reports and to submit direc- 
tions thereon to the Diet subject to the decision of the latter. 

c. To sign bonds and mortgages which are to be drawn up to the 
treasury, with reference to a previous decision of the Diet. 

d. To take charge of special commissions entrusted to it by the 
Diet, with reference to preparations for future transactions of the 
Diet. 

e. To report to the Prince in cases of urgency and to submit 
remonstrances, protests and complaints in case constitutional ijghts 
are jeopardized and violated. 

/. In accordance with the exigencies of the case, to propose the 
convening of an extraordinary Diet, which proposal will not be 
refused if the exigency is proved.* 

Art. 114. The Committee can not enter into any permanent obli- 
gation for the country and is responsible to the Diet for its conduct 
of business. 

Art. 115. The Committee must meet annually in August at the 
seat of the government in order to attend to its business. 

Art. 116. The Committee must be present in toto to make its de- 
cisions valid. 

Art. 117. The duties of the Committee cease with the opening of 
the next Diet and are continued after an adjournment of the latter 
or after the close of an extraordinary session. 

Art. 118. During their sessions the members of the Committee 
draw the same per diem allowance as is determined for the deputies 
to the Diet. 

Chapter IX. — Guarantee of the Constitution. 

Art. 119. After its proclamation the present Constitution becomes 
binding as constitutional law for all subjects of the country. 

1 Amended by the Law of 19 February 1878. 

* Supplemented by the Law of 29 December 1895 concerning additional provisions on 
the prerogatives of the Diet Committee : "As long as the Diet Is not assembled, peti- 
tions may, in urgent and important cases and on condition that the legal prerogatives 
of the princely authorities are not violated, be submitted to the Diet Committee. The 
right of initiative belonging to the Diet Committee is not affected by the aforementioned 
provisions." 



390 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 120. All laws, decrees and ordinances which are at variance 
with the content of this Constitution are hereby repealed. 

Akt. 121. Without the consent of the government and the Diet no 
changes may be made in this Constitution. 

Proposals for amendments or interpretations of this Constitution, 
which may be made by the government as well as by the Diet, require 
on the part of the latter a unanimous vote of the members present in 
the Diet or a majority vote of three fourths of the members in two 
consecutive ordinary sessions of the Diet. Proposals made by the 
government are to be acted upon in the same way. 

Art. 122. If there should be doubt as to the interpretation of 
separate provisions of the Constitution which can not be removed by 
an agreement between the government and the Diet, the decision shall 
be left to the Arbitral Court of the Confederation. 

Art. 123. Every successor to the throne will, before he receives 
hereditary homage, pronounce in a written document, in which ref- 
erence is made to his princely honors and dignity, that he will rule 
the Principality of Liechtenstein in accordance with the Constitution 
and the laws, that he will maintain its integrity and observe the 
princely rights inseparably and unchangeably. 

Art. 124. All State oi&cers and appointed officials, as well as all 

local presidents, shall now and hereafter swear the following oath 

upon entering office: 

I swear fidelity to the Prince, obedience to the laws and observance of the 
Constitution. 

All of them, without exception, are responsible for the exact ob- 
servance of the Constitution in their sphere of activity.^ 

^Here follow the attestatton and Bignature of John II. 



LUXEMBURG. 

By Article 67 of the Act of the Congress of Vienna of 9 June 1815,* 
the Grand Duchy of Luxemburg was assigned to the crown of the 
Netherlands. After the Treaty of London of 19 April 1839,' the King 
of Holland took the title of King Grand-Duke and gave Luxemburg 
a separate Constitution on 12 October 1841.' The draft of a new 
Constitution in 127 articles was adopted on 23 June 1848 and sanc- 
tioned on 9 July following. But a reaction was not long in setting 
in. In 1856 William III proposed a revision of the Constitution to 
the Chamber, but the latter refused to approve the King's project. 
Whereupon he issued a decree pronouncing its dissolution and pro- 
mulgating at the same time the revised Constitution (27 November 
1856).* The German Confederation gave its approval to this coup 
d?etat (29 January 1857). Following the dissolution of the German 
Confederation (1866), the Treaty of London of 11 May 1867 estab- 
lished the neutrality of the Grand Duchy, which remained outside 
of the new North German Confederation. A new Constitution was 
promulgated on 17 October 1868 and this is the one in force today. 
The death of the King Grand-Duke William III on 23 November 
1890 resulted in the separation of the crowns of Luxemburg and the 
Netherlands on account of the difference in the laws of succession,* 
and the crown of Luxemburg passed to Adolphus, Duke of Nassau. 
The Nassau Family Pact bears the date of 30 June 1783. A Family 
Statute (Familienstatut) ^ the official text of which is in German, was 
promulgated on 16 April 1907, and a law of 10 July 1907 gave it 
the force of a law.* 

^ French text In the British and Foreign State Papers, 2 : p. 87. 

* French text in the BHtieh and Foreign State Papers, 27 : pp. 990-1008. and 87: 
pp. 1820-1880. 

' French text In the British and Foreign State Papers, 44 : pp. 869-876. 

* French text In the British and Foreign State Papers, 46 : pp. 1249-1262. 

■ William's daughter succeeded to the throne' of Holland, bnt the Salic Law gorerned 
snccession in Lnxemburg. This law, however, ii subordinate to the Naasan FamUy Pact, 
which provides for the succession in the case of complete extinction of males. Hence 
Marie Adelaide succeeded her father, William, the son and successor of Adolphus. 

* This introductory paragraph is based on F. R. Darbbti it P. Dabbsts, Les Constitu- 
tions modemes (8d edition, Paris, 1910), vol. i, pp. 160-101. 

891 



392 CONSTITUTIONS OF THE STATES AT WAR. 

CONSTITirTION OF 17 OCTOBEE 1868 ' 

Chapter I. — The Terkitort and the Grand Duke.* 

Article 1. The Grand Duchy of Luxemburg forms an independ- 
ent, indivisible and inalienable and perpetually neutral State.* 

Art. 2. The limits and chief -towns of the judicial or administra- 
tive arrondissements, of the cantons and of the communes may be 
changed only by virtue of a law. 

Art. 3. The crown of the Grand Duchy is hereditary in the family 
of Nassau, conformably to the Pact of 30 June 1788, to Article 71 of 
the Treaty of Vienna of 9 June 1815 * and to Article 1 of the Treaty 
of London of 11 May 1867.» 

Art. 4. The person of the Grand Duke is sacred and inviolable. 

Art. 5. The Grand Duke of Luxemburg reaches his majority at 
the age of 18 years. When he assumes the reins of government, he 
takes, as soon as possible, in the presence of the Chamber of Deputies 
or of a deputation appointed by it, the following oath : 

I swear to observe the Constitution ami the laws of the Grand Duchy of 
Luxemburg, to maintain the national independence and the integrity of the 
territory, as well as public and individual liberty, as also the rights of all and 
of each of my subjects, and to employ for the preservation and the increase of 
the general and individual prosperity, as a good sovereign ought, all the means 
which the laws place at my disposal. So help me God ! 

Art. 6. If, at the death of the Grand-Duke, his successor is a minor, 
the regency is exercised conformably to the Family Pact. 

Art. 7. If the Grand Duke finds it impossible to reign, he is pro- 
vided with a regency as in the case of minority. 

In case of vacancy of the throne, the Chamber provides provision- 
ally for the regency. 

A new Chamber, convoked in double number within the period of 
30 days, provides definitively for the vacancy. 

^Translated by Otis 6. Stanton from the French text in the BritMi and foreion 
imitate Papers, 68 : pp. 249-261. French text also In Dabbsts, op. oU., pp. 151-168» and 
Paul Poseneb^ Die Btaataverfassungen des Erdballs (Charlottenbnrg. 1909), pp. 674-684. 

* To make the text agree with actual conditions, the words " King Grand-Duke " found 
in the original text are everywhere replaced by " Grand Duke." 

■Treaty of London of 11 May 1867, approved by the Law of 21 June 1867. 

« Article 71 of the Treaty of Vienna of 9 June 1815 (French text in the BriHBh and 
Foreign State Papers, 2: p. 39) reads as follows: "The right and order of anccession 
established between the two branches of the House of Nassau by the Act of 1783 
[German text in Mabtcns, Recueil de Trait^e, Ist edition, vol. ii, pp. 406-422], called 
the NoMOiUscher Brbverein, is maintained and transferred from the four prlncipalitlM 
of Orange-Nassau to the Grand Duchy of Luxemburg." 

B Article 1 of the Treaty of London of 11 May 1867 (French text in the British and 
Foreign State Papers, 57 : p. 84) reads in part as follows : " His Majesty the King of the 
Netherlands, Grand Duke of Luxemburg, maintains the bonds which attach the said 
Duchy to the House of Orange-Nassau, by virtue of the treaties which have placed this 
State under the sovereignty of His Majesty the King Grand-Duke, his descendants 
and successors." 



LUXEMBURG. 393 

Art. 8. At his entrance upon his functions, the Begent takes the 
following oath : 

I swear fidelity to the Grand Duke ; I swear to observe the Constitution and 
the laws of the country. So help me God ! 

Chapter II. — The Luxemburgerb and Their Rights. 

Art. 9. The quality of Luxemburger is acquired, preserved and 
lost according to the rules determined by the civil law. 

The present Constitution and the other laws relative to political 
rights determine what are, beyond this quality, the conditions neces- 
sary for the exercise of these rights. 

Art. 10. Naturalization is granted by the legislative power. 

Naturalization assimilates the foreigner to the Luxemburger, for 
the exercise of political rights. 

Naturalization granted to the father is available to his minor child, 
if the latter declares, within two years of his majority, intention to 
claim this privilege.^ 

Art. 11. There is in the State no distinction of orders. 

The Luxemburgers are equal before the law; they alone are ad- 
missible to civil and military employments, save exceptions which 
may be established by a law for particular cases. 

Art. 12. Individual liberty is guaranteed. 

No one shall be prosecuted except in the cases provided by the 
law and in the form which it prescribes. 

Outside of the case of fag rant e delicto^ no one sliall be arrested 
except by virtue of a judge's warrant with the reasons stated therein, 
which must be served at the moment of the arrest or, at the latest, 
within 24 hours. 

Art. 13. No one shall be deprived, against his will, of the judge 
whom the law assigns to him. 

Art. 14. No penalty shall be established or applied except by vir- 
tue of the law. 

Art. 16. The domicile is inviolable. No domiciliary visit shall 
take place except in the cases provided for by the law and in the 
form which it prescribes. 

Art. 16. No one shall be deprived of his property, except by 
reason of public utility, in the cases and in the manner established by 
the law and in consideration of a just and prior indemnity.* 

Art. 17. The penalty of confiscation of property shall not be es- 
tablished. 

Art. 18. The penalty of death in political matters, civil death 
and branding are abolished. 

^Two laws (12 November 1848 and 27 January 1878) govern naturalization matters. 
* Laws of 17 December 1850 and 4 March ^896 on expropriation by reason of public 

utility. 

88381—19 ^26 



394 CONSTITUTIONS OF THE STATES AT WAB. 

Art. 19. Liberty of religion, that of its public exercise, as well as 
the liberty to express one's religious opinions, are guaranteed, except 
for the repression of offenses committed on the occasion of the use 
of these liberties. 

Akt. 20. No one shall be compelled to concur, in any manner 
whatever, in acts and ceremonies of a religion nor observe the rest 
days thereof. 

Art. 21. Civil marriage must always precede the nuptial bene- 
diction. 

Art. 22. The intervention of the State in the nomination and in- 
stallation of the heads of religions, the mode of nomination and 
of revocation of the other ministers of religions, the faculty for both 
to correspond with their superiors and to publish their acts, as well 
as the relations of the Church with the State, constitute the object of 
conventions to be submitted to the Chamber of Deputies for the pro- 
visions which necessitate its intervention. 

Art. 23. The State takes care that every Luxemburger receives pri- 
mary instruction. 

It creates establishments of intermediate instruction and the neces- 
sary courses of higher education. 

The law determines the means of providing for public instruction, 
as well as the conditions of supervision by the government and the 
communes ; it regulates, besides, everything relating to education.^ 

Every Luxemburger is free to make his studies in the Grand Duchy 
or abroad and to attend the universities of his choice, under the pro- 
visions of the law on the conditions of admission to the employments 
or the exercise of certain professions. 

Art. 24. Liberty to manifest one's opinions by word in all matters 
and the liberty of the press are guaranteed, except for the repression 
of offenses committed on the occasion of the exercise of these lib- 
erties.^ 

Censorship shall never be established. 

No caution-money shall be exacted from writers, publishers or 
printers. 

Stamp-duties on native newspapers and periodical writings are 
abolished. 

The publisher, printer or distributor shall not be sued, if the 
author is known, if he is a Luxemburger and domiciled in the Grand 
Duchy. 

Art. 25. Luxemburgers have the right to assemble peaceably and 
without arms, if they conform to the laws which regulate the exercise 
of this right, without the power to submit it to a prior authorization. 

^Law of 20 April 1881 concerning compulsory education. Laws of 20 April 1881 and 
6 Jnne 1808 on primary edncation. Law of 28 April 1878 on secondary education. 
* Law of 20 Jnly 1869 'hi the press, and the Penal Code. 



LUXEMBURG. 395 

This provision does not apply to assemblies in the open air, politi- 
cal, religious or otherwise; these assemblies remain entirely subject to 
the laws and police regulations. 

Art. 26. Luxemburgers have the right to form associations. This 
right shall not be subjected to any prior authorization. 

The establishment of every religious corporation must be author- 
ized by a law.^ 

Art. 27. Every one has the right to address, to the public authori- 
ties, petitions signed by one or several persons. 

The constituted authorities alone have the right to address peti- 
tions in the collective name. 

Art. 28. The secrecy of letters is inviolable. 

The law determines who are the agents responsible for the viola- 
tion of the secrecy of letters confided to the post. 

The law shall regulate the guarantee to be given for the secrecy 
of telegrams. 

Art. 29. The use of the German and French languages is optional. 
Their use shall not be limited. 

Art. 30. No prior authorization is required to enter suits against 
public functionaries for acts of their administration, except what is 
decreed with regard to members of the government. 

Art. 31. Public functionaries, to whatever order they belong, the 
members of the government excepted, shall not be deprived of their 
functions, honors and pensions, except in the manner determined by 
the law. 

Chapter III. — ^The Sovereign Power. 

Art. 32. The Grand Duke exercises the sovereign power con- 
formably to the present Constitution and to the laws of the country. 

section 1. — THE PREROGATIVE OF THE GRAND DUKE. 

Art. 33. The Grand Duke exercises alone the executive power. 

Art. 34. The Grand Duke sanctions and promulgates the laws. 
He makes known his decision within 6 months from the vote of the 
Chamber. 

Art. 35. The Grand Duke appoints to the civil and military 
offices, conformably to the law, and saving exceptions established 
by it. 

No function salaried by the State shall be created except by virtue 
of a legislative provision. 

Art. 36. The Grand Duke makes the regulations and decrees nec- 
essary for the execution of the laws, without the power ever to sus- 
pend the laws themselves or to dispense with their execution. 

^ In practice, religious corporations may be freely established In the Grand Duchy ; the 
intervention o¥ the legislature is required only if they desire to acaulre civil personality. 



396 CONSTITUTIONS OF THE STATES AT WAR. 

Art. 37. The Grand Duke commands the armed force, declares 
war and makes treaties. He informs the Chamber thereof, as soon 
as the interest and safety of the State permit it, adding suitable com- 
munications. 

Treaties of commerce and those which can burden the State or 
bind the Luxemburgers individually, and, in general, all those bear- 
ing on a matter which can only be regulated by a law, have effect 
only after having received the assent of the Chamber. No cession, 
no exchange, no addition of territory shall take place except by 
virtue of a law. 

In no case shall the secret articles of a treaty be destructive of 
the patent articles. 

Art. 38. The Grand Duke has the right to remit or to reduce the 
penalties pronounced by the judges, except what is decreed relative 
to the members of the government. 

Art. 39. The Grand Duke has the right to coin money, in execu- 
tion of the law. 

Art. 40. The Grand Duke has the right to confer titles of nobility, 
without the power ever to attach thereto any privilege. 

Art. 41. The Grand Duke confers military and civil orders, ob- 
serving in this respect what the law prescribes. 

Art. 42. The Grand Duke may cause himself to be represented by 
a prince of the blood, who shall have the title of lieutenant of the 
Grand Duke and shall reside in the Grand Duchy. 

This representative shall take oath to observe the Constitution 
before exercising his powers. 

Art. 43. The civil list is fixed at 200,000 francs per annum. It 
may be changed by law at the commencement of each reign.^ 

Art. 44. The Government House in Luxemburg and the Chateau 
of Walferdange are set aside for the residence of the Grand Duke 
during his stay within the country. 

Art. 45. The dispositions of the Grand Duke must be counter- 
signed by a responsible councilor of the crown, with the exception 
of those which have for their object the bestowal on foreigners of 
decorations not destined to recompense services rendered to the 
Grand Duchy. 

SECTION 2. — ^LEGISLATION. 



* 



Art. 46. The assent of the Chamber of Deputies is required for 
every law. 

Art. 47. The Grand Duke addresses to the Chamber proposals or 
bills which he wishes to submit for its adoption. 

^ Those figures were not changed on the accession of Grand Duke Adolphus (1891) 
and Qrand Duke Wllllam (1905). 



LrXE3£BUR0. 897 

The Chamber has the right to propose bills to the Grand Duke. 
Abt. 48. The interpretation of laws by way of authority shall take 
place only by the law. 

SECTION 3. — JUSTICE, 

Art. 49. Justice is rendered in the name of the Grand Duke by 
the courts and tribunals. 
Decrees and judgments are executed in the name of the Grand 

Duke. 

Chapter IV. — ^The Chamber of Dspunxs. 

Art. 50. The Chamber of Deputies represents the country. 

The deputies vote without consulting with their constituents and 
shall have in view only the general interests of the Grand Duchy. 

Art. 51. The organization and the mode of election of the Cham- 
ber are regulated by the law.* 

The electoral law fixes the number of deputies according to the 
population. This number shall not exceed 1 deputy for 4,000 in- 
habitants, nor be less than 1 deputj' for 5,500 inhabitants.' 

The election is direct. 

Art. 52. To be elector or eligible, it is necessary : 

1. To be a Luxemburger by birth or to be naturalized. 

2. To enjoy civil and political rights. 

3. To be 25 years of age. 

4. To be domiciled within the Grand Duchy. 
No other condition of eligibility shall be required. 

To be elector, there must be joined to these four conditions those 
determined by the law and there must be paid, besides, the qualifi- 
cation tax, to be fixed, which shall not exceed 30 francs nor be less 
than 10 francs.* 

Art. 53. The following shall not be electors nor eligibles : 

1. Those condemned to corporal or infamous punishment. 

2. Those who have been condemned for theft, swindling or 
breach of trust. 

3. Those who obtain aid from a public charitable institution. 

4. Those who are in a state of declared bankruptcy, bankrupts 
and interdicts, and those for whom judicial counsel has been named. 

^ Electoral Code of 6 March 1884 (208 articles) goyerns legislatWe and comnmnal 
elections. This code was amended successively In 1880, 1880, 1892, 1901, 1904 and 1906. 

* According to Article 170 of the Electoral Code, cantons elect 1 deputy for each 0,000 
Inhabitants, fractions over 3.000 counting as 0.000. The number of deputies at present 
iB 00. 

" The electoral qualification tax, after having been reduced from 80 to 10 francs by the 
Law of 30 June 1892, was further reduced to the minimum of 10 francs by the Law of 
22 June 1901 (Electoral Code. Article 1). 



398 CONSTITUTIONS OF THE STATES AT WAR. 

Akt. 54. The mandate of deputy is incompatible : 

1. With the functions of member of the government. 

2. With those of prosecuting magistrates. 

3. With those of member of the Chamber of Accounts. 

4. With those of district commissioner. 

5. With those of receiver or accountable agent of the State. 

6. With military functions above the grade of captain. 

The functionaries finding themselves in a case of incompatibility 
have the right to choose between the mandate confided to them and 
their functions. 

Art. 55. The incompatibilities provided by the preceding article 
do not constitute an obstacle to the establishment of others by the law 
in the future.^ 

Art. 56. Deputies are elected for 6 years. They are renewed by 
halves every 3 years, according to the order of the series determined 
by the electoral law. 

In case of dissolution, the Chamber of Deputies is renewed inte- 
grally. 

Art. 57. The Chamber verifies the powers of its members and de- 
cides the contests which arise on this subject. 

On their entrance into office, they take the oath which follows : 

I swear fidelity to the Grand Duke, obedience to the Constitution and to the 
laws of the State. So help me God ! 

This oath is taken in public session, under the direction of the 
president of the Chamber. 

Art. 58. The deputy, appointed by the government to a salaried 
position which he accepts, ceases immediately to sit, and resumes his 
functions only by virtue of a new election. 

Art. 59. All laws are submitted to a second vote, unless the Cham- 
ber, in accord with the Council of State, sitting in public session, de- 
cides otherwise. 

There shall be an interval of at least three months between the two 
votes.2 

Art. 60. At each session the Chamber names its president and its 
vice-president, and organizes its bureau. 

Art. 61. The meetings of the Chamber are public, with the excep- 
tions to be determined by regulations. 

^Article 8 of the Law of 8 May 1872 on the rights and duties of fimcttonaries reads 
as follows : " The exercise of public functions under the pay of the State is incompatible 
with the mandate of deputy. The acceptance of this mandate entails by that yery fact 
the resignation of public functions." A law of 18 February 1885 (Article 100) decided 
that the functions of the Judicial order would henceforth be incompatible with those 
of deputy. 

* After the vote on a bill as a whole, the president consults the Chamber as to whether 
there should or should not be a second vote. If the Chamber decides on a second vote* 
the bill is sent to the Council of State which decides in its turn whether there should 
or should not be a second vote. 



LUXEMBURG. 39& 

Art. 62. Every resolution is carried by an absolute majority of the 
votes. In case of a tie vote, the proposition under consideration is 
rejected. 

The Chamber may pass a resolution only so long as a majority of 
its members are present. 

Art. 63. The votes are cast aloud or by sitting and rising. On 
the laws as wholes the vote is always taken by roll-call and aloud. 

Art. 64. The Chamber has the right of inquiry. ^ The law regu- 
lates the exercise of this right. 

Art. 65. A bill can be adopted by the Chamber only after having 
been voted article by article. 

Art. 66. The Chamber has the right to amend or to divide the 
articles and the amendments proposed. 

Art. 67. It is forbidden to present petitions to the Chamber in 
person. 

The Chamber has the right to return to the members of the govern- 
ment the petitions which are addressed to it. 

The members of the government shall give explanations on their 
contents whenever the Chamber shall request it. 

The Chamber does not occupy itself with any petition having in- 
dividual interests for its object, unless it tend to the redressing of 
grievances resulting from illegal acts admitted by the government 
or the authorities, or the decision to inten^ene be within the com- 
petence of the Chamber. 

Art. 68. No deputy can be prosecuted or investigated because of 
opinions and votes put forth by him in the exercise of his functions. 

Art. 69. No deputy can, during the continuance of the session, be 
prosecuted or arrested by way of repression, except with the authori- 
zation of the Chamber, save in case of ilagra/rUe delicto. 

No bodily constraint can be exercised against one of its members 
during the session, except with the same authorization. 

The detention or the prosecution of a deputy is suspended during 
the session and for all its length, if the Chamber requires it. 

Art. 70. The Chamber determines by its own regulations the mode 
according to which it exercises its attributions.^ 

Art. 71. The meetings of the Chamber are held in the place of 
residence of the. administration of the Grand Duchy. 

Art. 72. The Chamber meets each year in ordinary se