Imatges de pÓgina

Lieutenant-governor, who Lieutenant-governor, who|Lieutenant-governor, who President of the senate. is, ex officio, president of is, ex officio, speaker of the is, ex officio, president of the senate.


By governor; good be- By legislature; good be- By governor for 7 years. By governor; good be- By legislature ; good behavior until aged 65. havior. Justices of the peace havior.

havior, till 70. elected by the people for 5 years.

By impeachment; by gov-By impeachment; and by By impeachment. ernor, on address of of governor, on address of legislature. The judge two thirds of legislature. must be heard in defence.

Citizenship; a year's state Six months residence. Citizenship ; 1 year's res-Citizenship; 1 year's coun- Citizenship; 1 year’s state, and 3 months' district resi- Blacks excluded.

Qualificaidence. Blacks excluded. ty residence; payment of and 3 months district res- tions of Vodence. Blacks excluded.

Two thirds of the legisla- The sense of the people The sense of the people A convention to be called, Two thirds of the legisla-
ture may propose amend- may be taken for calling to be taken every twelfth if voted for by the people ture may propose amend-
ments, which may be rati- a convention, when two year, as to calling a con- two successive years; the ments; which, if ratified

for amending
fied by two thirds of the thirds of the legislature vention.

vote being previously au- by the people at the next | Constitution. next legislature at their deem it necessary.

thorised by legislature, election, and by two thirds first session.

within the first 20 days of of the subsequent legislatheir annual session. ture, become valid.


REMARKS.—Legislature. The powers the Protestant religion, or the divine auof the legislature, being well known, and thority of the Old or New Testament, or nearly similar in all the states, are not whose religious principles are incompatienumerated in the preceding table. It may ble with the freedom and safety of the be proper to mention here, however, that state, can hold a civil office. In the oththe senate have no power to originate er states, no religious test is required. money bills, excepting in the states of Persons conscientiously scrupulous of Connecticut, New York, Ohio, North taking an oath, are every where permitted Carolina, Tennessee, Illinois and Missouri; to substitute a solemn affirmation; and and that, in New Jersey and Maryland, this is recognised by all the constitutions, the senate can neither originate nor alter except those of Virginia and North Carosuch bills. In Virginia, al laws originate lina, and the charter of Rhode Island, a in the house of representatives. The hiatus which is supplied in those states by power of impeachment before the senate law.–Those who

conscientiously is vested in the house of representatives scrupulous of bearing arms, are every by all the state constitutions, except those where allowed to pay an equivalent for of Maryland, Virginia and North Caroli- personal service. In Tennessee, the legisna. Maryland appears to have no court lature are enjoined to “pass laws exemptof impeachment, judicial officers being ing citizens belonging to any sect or deremovable by conviction of misbehavior nomination of religion, the tenets of which in a court of law.

In Virginia, the house are known to be opposed to the bearing of delegates impeach before the court of of arms, from attending private and genappeals. In North Carolina, state officers eral musters." In Maine,“ persons of the may be impeached before any state court denominations of Shakers or Quakers" of supreme jurisdiction, either by the may be exempted from military duty.general assembly, or by presentment of Ministers of the gospel are not eligible as the grand jury of the court. No pardon- legislators in Maryland, Virginia, North ing power any where exists in cases of Carolina and Tennessee. In South Caroimpeachment.-In Alabama, a revision and lina, Kentucky and Mississippi, they are new digest of civil and criminal law is to eligible neither as governors nor legislabe made decennially. In Alabama, Indi- tors. In Missouri, the only civil office ana, Illinois and Missouri, the legislature they can hold is that of justice of the are restricted in their power of erecting peace; while in New York, Delaware and banks.

Louisiana, they are not eligible to any Executive. The duties of the execu- office whatever.—New Hampshire and tives, in addition to those enumerated in Massachusetts are the only states whose the table, are, to superintend the execution constitutions make provision for religious of the laws, and to act as commanders- establishments. In New Hampshire, the in-chief of the militia. In Louisiana, the legislature is empowered to authorize, and governor must visit the different counties in Massachusetts the legislature is enjoined at least once in two years, to inform him- to require, the several towns, parishes, &c., self of the state of the militiæ, and the in the state, to make adequate provision, general condition of the country.—Mas- at their own expense, for the support and sachusetts is the only state whose consti- maintenance of Protestant ministers of the tution gives titles to the officers of gov- gospel. ernment. The governor is entitled his excellency, the lieutenant-governor his honor. In Central and South America, a num

Religion. In the United States, every ber of constitutions have been established denomination of religion is equally under within this century. All, with the excepthe protection of the law. In a few of tion of the monarchical constitution of the the states, however, certain modes of be- Brazils, and the transient imperial system lief are required as qualifications for office. of the Mexican empire under Iturbide, In Massachusetts and Maryland, the dec- who was elected emperor May 18, 1822, laration of a belief in the Christian religion are republican, modelled, in most respects, is required to qualify for office. In New after the constitution of the U. States, in Jersey, no Protestant can be denied any regard to the division of powers among civil right on account of his religious the legislative, judiciary and executive principles. In Pennsylvania, Mississippi bodies, &c. In Mexico, Central America, and Tennessee, the belief in a God, and a and the United Provinces of La Plata, future state of rewards and punishments, there exist federal governments, i. e. unis required as a qualification for office. In ions of different states, like that of the U. N. Carolina, no one denying the truth of States: the other republics have central

governments. The government of Spain, stitution, and the former kingdom of Hayti in her South American colonies, was so received a constitution in 1811. The defective, the territory of these so im- democratic constitution of the republic of mense, and the population so scattered, Hayti, dated Jan. 27, 1807, was renewed that, when the Spanish yoke was thrown in 1816; and when the kingdom was aboloff, the elements of an independent and ished in 1820, and the Spanish part of the free government, in the new states, were islard was united with the republic, in necessarily so few, that, ever since their 1823, the constitution of 1816 was estabrespective declarations of independence, lished for the whole island. It is fashionthey have been in a state of agitation; and ed after the constitution of the U. States; many of them are likely to remain so for has a house of representatives, a senate and a long time to come, because the people president. Indians, Negroes, Mulattoes are wofully deficient in education and in- and Mestizoes only are allowed to become dustry—two of the main grounds of real citizens.* (See the articles Corporation liberty and of a settled order of things; and Estates.) and it is one of the most difficult tasks for CONSTITUTIONISTS. (See- Unigenitus.) a nation, from which tyranny has with- ConstitUTIONNEL, LE (French; The held the means of education, to acquire Constitutional); a daily paper in Paris. In the habits which fit men for indepen- England and the U. States, no party, howdence, after shaking off the yoke of their ever much it may be opposed to others, oppressors, which is generally the easiest thinks of abolishing the constitution or part of a revolution. History shows that constitutional liberty: the word constitufar more internal convulsions are caused tional, therefore, cannot be used in these by ignorance, and the violence which two countries as designating a party. Very springs from it, than by the ambition of different is the case in France-a difference aspiring individuals. Since the condi- which must be constantly kept in mind, if tion of South America is, at present, so we wish to understand the present political unsettled, it would be of little use to enu- proceedings in that country, or to compare merate the different constitutions existing them with American and British politics. there, which will probably undergo many In France, there really exists a powerful changes; and we must refer the reader to party, which aims at restoring the good the articles on the respective countries, old times, and destroying the Charte. (q.v.) in which he will find their history brought The word constitutional, therefore, desigdown to the time of the preparation of the nates, in France, the party opposed to the articles. Brazil received its present con- one just mentioned, embracing, however, stitution in 1824. It was sworn to by the many varieties of opinion. The paper emperor March 25 of that year. It has called Le Constitutionnel is one of the several new features. The four branches ablest journals of the age. It is liberal, of civil authority—the legislative, the me- but moderate and cautious. Messrs. diative, the executive and the judicial— Etienne, Jay and Tissot are the chief originate from the transfer of power by editors. Six or eight proprietors contribthe people. The government is monar- ute. Over the whole is a directeur en chical, hereditary and representative. The chef, and for the different branches there representation of the Brazilian nation con- are from 10 to 12 editors. Many of the sists of the emperor and the general as- first savants are often engaged to fursembly-a body composed of two cham- nish a certain number of original articles bers, that of the deputies, chosen for four

* The most novel phenomenon in constitutional years, and that of the senators, chosen by history is the constitution, or rather constituent law, the emperor from the election-lists. With which the active pacha of Egypt has recently the former rests the power of originating given to his subjects. An assembly has met, acbills for the imposition of taxes and the cordingly, at Cairo, consisting of the ministers of levying of soldiers, as well as of proposing the superintendents of manufactures conducted on

the pacha, the ulemas, or the learned in the law, a change of dynasty. The latter retain government account (the pacha is the most active their dignity for life. The emperor has merchant and manufacturer of his realm), the the executive and mediatorial authority, cachefs, or prefects of districts, to the number of 28; but his veto is not absolute. He cannot form the representatives of the people, and are 93

and the cheyks-el-belad, or heads of villages, who refuse his sanction to a bill equally ap- in number, chiefly from Lower Egypt. The sesproved by two legislative assemblies. The sion was opened by a long speech from Ibrahim press is free. The treaty with Portugal, Pacha, the son of the pacha of Egypt. The above Nov. 15, 1825, has somewhat of the char- is an extract from the Courier de Smyrne. We acter of a fundamental law. Paraguay is have, it is true, no other information ; but, if there is

any truth in the statement, it is certainly of great governed by doctor Francia, without a con- interest.

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in the course of the year. In like manner, instrument itself. This tribunal is the the famous M. Malte-Brun was employed supreme court of the U. States. to write, every month, a geographical ar- CONSUL; a name given, 1. to the two ticle for the Journal des Debats, for a very highest magistrates in the republic of high sum. The Constitutionnel occupies Rome, from whom it passed to certain from 8 to 10 presses, working day and high officers under the emperors; 2. the night. The monthly expense of the pa- designation of the three highest magis per amounts to 50,000 francs. The re- trates of the French republic, during a muneration which is paid for single con- certain period; 3. the title, at present, of tributions is very high. For an article of certain officers of a diplomatico-commerone column, or one and a half, generally cial character. 100 to 120, sometimes 150, francs are I. In Rome, after the kings had been paid. It was established, in 1815, by 15 expelled, two consuls were placed at the shareholders, and has from 18 to 20,000 head of the senate, the body in whose subscribers-a greater number than any hands was the administration of the reother French paper, the Journal des Debats, public; consul signifying adviser, counwhich comes next to it, having only from sellor. These officers were to be annu13,000 to 14,000. In the beginning, a ally elected. In Greek, they were called share of the Constitutionnel cost 30,000 itator (the highest). Consuls were, at first, francs ; now it costs 100,000. A great va- chosen only from among the patricians; riety of topics is treated of in this paper, at a later period, also from the plebeians. embracing not only politics, but the scien- In some cases, both the consuls were pleces and arts, and, as interesting to general beians, but this was an exception to the readers, it may be recommended in pref- general rule. In order to be eligible to erence to any other French newspaper. the consulship, the candidate was to be

CONSTRUCTION, in politics, is the inter- 45 years of age (ætas consularis). But pretation of the fundamental law of the this law was frequently violated. Pomstate. Wherever there is such a funda- pey was made consul in his 36th, Valerius mental law, a difference of opinion must Corvus in his 23d, Scipio Africanus, the exist respecting the meaning of certain elder, in his 28th, and the younger Scipio passages, as no phraseology but the math- in his 38th year. Nobody was to be reematical is capable of perfect precision. elected consul till after an interval of 10 Such construction is therefore a copious years. But this law was also disregarded ; source of party strife. In several states, Marius was reëlected immediately. The there have been parties, which declared candidate was required, by law, to be in war against all construction of the funda- Rome at the time of the election; but this mental law, and insisted upon the execu- law was not better regarded than the othtion of its obvious meaning, forgetting ers. The election of the consuls took that this obvious meaning, as they called place in the comitia centuriata, in the camit, was nothing but their own construction pus Martius. One of the existing consuls of its provisions. Such difference of presided. He who had most votes was opinion must exist in regard to every writ- called consul prior. His name was the ten code, political or religious. Thus the first in the fásti

. He also first received Protestants declared, at the diet of Augs- the fasces (q. v.), and usually presided at burg, that they would not allow any con- the election of the magistrates for the next struction of the Bible, since its obvious year. The time of election varied at difmeaning expressed God's will. The con- ferent periods. The consuls elect were struction of the fundamental law, then, called consules designati. They entered wherever persons are united in one socie- on their office, on the first of January, by ty, is of vital importance, and particularly sacrificing and praying in the capitol, after so in politics. If the construction of the receiving the congratulations of the senate constitution, that is, the declaration of its and people. Within five days afterwards, meaning in doubtful points, is unprovided they were obliged to repeat the oath which for, and left, as has been the case in sev- they had taken when elected, that they eral of the modern monarchies, to the would not injure the republic, and that executive, liberty may be considered as they would govern according to the laws. destitute of any bulwark. The U. States A similar oath that they had so done, was of America are the first state, at least required of them when they left their of any magnitude, which has intrusted office. The exterior marks of honor of the construction of the constitution, in the consuls (insignia) were the same with cases of dispute between the government those of the former kings, excepting the and people, to a tribunal provided by the crown; and, instead of a sceptre, they had a

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staff of ivory (scipio eburneus). Their toga is, the power to condemn to death. Pub, was lined with purple (toga prætexta); un- licola had a law enacted allowing appeals der the emperors, it was embroidered. from the consuls to the people. The They sat upon an ornamented chair (sella greatest check was put upon the consular curutis). Twelve lictors, with the fasces and power by the establishment of the tribunes axes, preceded them. In the beginning, the of the people, who had the right to oppose lictors, with fasces, marched before each; every measure of the consuls. Yet their but Valerius Publicola, made a law, that, power remained very great. They stood, in the city, they should precede only one. in reality, at the head of the whole repubAfter that time, the consuls enjoyed this lic: all other officers were under them, honor, respectively, in alternate months, the tribunes of the people only excepted: The one who was not preceded by the they convoked the senate, proposed what fasces had a public slave going before they thought fit, and executed the laws. him (accensus), and the lictors following Laws proposed by them were generally him. The consul who was first elected, called by their name. They received all or who had most children, or, if the num- despatches from the provinces and foreign ber was equal, whose wife was living, or kings, and gave audience to foreign amwho had most votes, first received the bassadors. In times of emergency, the fasces cum securibus. Whoever met the consular power was still further increased consul gave way to him, uncovered his by the well known decree, viderent, vel head, descended from his horse, or rose, darent operam, ne quid detrimenti respublica if he happened to be seated. If the con- caperet, by which they received unlimited sul saw any one neglect this form of re- power, and could even sentence to death spect, he ordered the lictor to punish him without trial, levy troops, and make war (animadvertere). The annals of state were without the resolve of the people first called fasti consulares, and particular years obtained. If a sudden riot took place, the were designated by the names of the consuls called the citizens to arms by the consuls then in office. Instead of saying, words qui rempublicam salvam esse velit, for instance, A. U. C. 690, it was said M. me sequatur-equivalent to the reading of Tullio Cicerone et L. Antonio consulibus; the riot act with us. At the beginning of hence numerare multos consules, instead their term of office, the consuls divided of multos annos. In order to understand the provinces among them by agreement the authority of the consuls, it must be or lot. Province, at first, signified a cerkept in mind, that, in the time of the Ro- tain business committed to the consul, as man republic, the powers of the different the command of an army. By and by, it branches of government were by no came to denote conquered countries. "To means kept so distinct as with us, and these consuls were sent by the senate as therefore much greater opportunity was governors, after laying down their office. then afforded for the assumption of undue They were then called

proconsules. A citiauthority. The division of powers is one zen who had been consul was called conof the most important inventions in the sularis, and had a higher rank than other art of governing, and affords one of the senators, Pompey enacted a law that a greatest protections of liberty ; much great- consul should not be sent to a province er than is afforded by republicanism, or until five years after he had laid down his any form of government, without it. We office, and Cæsar decreed that he should find united in the consuls, to a great de- remain there only for two years. Under the gree, the executive, judiciary and legisla- emperors, the consular dignity sunk to a tive functions. In the beginning of the mere shadow, until Caligula wished to republic, the authority of the consuls was make his horse consul. Many consuls, at almost as great as that of the preceding this period, were appointed in one year, kings. They could declare war, conclude until Constantine again appointed two anpeace, make alliances, and even order a nually,after which the office was abolished citizen to be put to death ; hence Cicero by Justinian. The pomp of the consuls, ascribes to them regiam potestatem (Legg. under the emperors, was still greater than ii. 3). But Valerius Públicola took the during the republic. Consul honorarius axe out of their fasces, 'that is, deprived was à titular officer, with the rank, but them of their right over the lives of the without the power, of a consul. This digcitizens, and left them, at least while in nity was first conferred under Cæsar. the city, only the right to decree the pun- II. In France, the directorial governishment of scourging. Without the city, ment (third constitution) was abolished by when they had the command over the the revolution of the 18th Brumaire, of the army, they had the axe in the fasces, that year 8 of the republic (Nov. 9, 1799), and

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