principal Functionaries of the Federation. 4th. It shall watch over the conduct of the latter and shall declare when there is cause for prosecution, in respect to Ambassadors and other Ministers, Secretaries of State and other Officers, appointed by the Constitution. 5th. It shall mediate in the controversies designated by Article 18, in the 3rd Attribute of the Supreme Court, and it shall nominate the Individuals of the Tribunal established by Article 21.

EXECUTIVE POWER.

IX. The Executive Power shall be exercised by a President, appointed by the People of all the Federal States, in the form regulated by the Constitution.

X. Attributes of the Executive Power:-1st. It shall publish the Laws, and provide for their observance, and for public order. 2nd. It shall commence Negociations and Treaties with Foreign Powers, with the advice of the Senate. 3rd. It shall direct the armed Force of the Federation. 4th. It shall nominate all the Functionaries of the Federation, proposed in ternary by the Senate; and their subalterns, under similar propositions, by their respective Chiefs.

XI. In the absence of the President, his place shall be supplied by a Vice-President, who shall be elected by the People in the same manner as the President.

XII. The Vice-President shall preside in the Senate, and shall only vote when the suffrages are equally divided.

XIII. In his absence, the Senate shall appoint a President from among its Members.

XIV. The Vice-President shall retire from the Senate, while it is nominating the Members of the Tribunal established by Art. 21.

XV. The term of the appointments of President and Vice-President shall be for four years; but they can be re-elected once, without any interval.

XVI. They shall be responsible to the Nation for the exercise of their high Office, in the manner determined by the Laws.

JUDICIAL Power.

XVII. There shall be a Supreme Court of Justice, composed of Individuals elected by the People, who shall be renewed by thirds every two years, and may be re-elected once, without any interval.

XVIII. Attributes of the Supreme Court of Justice:-1st. It shall take cognizance in the last instance, with the limitations and regulations which the Congress may make, in all cases emanating from the Constitution of the general Laws; of the Treaties made by the Republic; of Maritime Jurisdiction; and of competency upon Jurisdiction in controversies between Citizens of different States, 2nd. It shall decide on prosecutions against the President, Vice-President, Senators, Ambassadors, and other Ministers, Secretaries of State, and other Officers, when the Senate declares that there is cause for

prosecution. 3rd. In cases of contention, in which the whole Republie may be a Party; one or more States with any other or others, or with Citizens or Foreigners; the Supreme Court of Justice shall cause Arbitrators to be named in the first instance; it shall itself take cognizance of it in the second instance; and the sentence which it may give shall be submitted to the revisal of the Senate, in case the Parties do not conform to the first and second decision.

XIX. In accusations against the President, and Vice-President, if he have supplied the place of the former, the Congress shall declare when there are grounds of prosecution; the Supreme Court shall judge; and the Tribunal established by Art. 21 shall take cognizance of appeal.

XX. In accusations against the Senators and Vice-President, the Congress shall declare when there are grounds of prosecution, and the Supreme Court shall judge.

XXI. In accusations against Individuals of the Supreme Court, the Congress shall declare when there are grounds of prosecution, and a Tribunal shall judge, named previously by the Senate, and composed, of supplementary Senators or Representatives, who have not entered upon the exercise of their functions.

XXII. In accusations against Individuals of the Congress itself, it shall declare when there are grounds of prosecution, which shall be carried on and determined by itself, according as its regulations may prescribe.

XXIII. Sentences against all these Functionaries shall be entirely limited to their being deposed and disabled for every public or honourable situation, if the case deserve it; and in every other respect they shall be subject to ordinary trial.

XXIV. The trial by jury, and likewise the Tribunals of appeal, shall be established in the cases and manner which the Constitution may determine.

XXV. Every Citizen, without distinction, shall be subject to the same order of prosecution and judgment.

LEGISLATIVE POWER OF EACH OF THE FEDERAL STATES.

XXVI. The Legislative Power of each State resides in a Congress of Representatives, elected by the People, whose number cannot be less than eleven, nor more than twenty-one.

XXVII. The Constitutional Law shall make the suitable division of the States, and shall determine for the first and only time, the bases and rule of their representation.

XXVIII. It belongs to the first Legislatures:-Ist. To form the peculiar Constitution of the State, agreeably to the Fundamental Law of the Federal Constitution. And it belongs to each :—2nd. To enact its Laws, Ordinances, and Regulations. 3rd. To determine the expence of its administration, and decree imposts of all descriptions, necessary

to the liquidation of the former, and the quota which belongs to it in the general expences; but without the consent of the Federal Congress it cannot impose duties on Foreign Commerce, nor on that of the States. 4th. To fix periodically the regular Army, if it be required in time of Peace, with the concurrence of the Federal Congress; to create the civic guard, and raise its quota in time of War. 5th. To form the Establishments, Corporations or Tribunals which it may consider expedient for the better regulation of justice, economy, public instruction and other branches of Administration.

XXIX. Competent Citizens of one State may be elected Representatives and Counsellers of another.

XXX. In case of any State or Constitutional Authority denouncing another, on account of its Legislature having infringed the Constitutional limits, the Senate shall make the necessary enquiries, and shall transmit them to two of the most contiguous States for their determination: if they do not mutually agree, or the Legislature denounced does not submit to their decision, the matter shall be transferred to the Federal Congress, and its decision shall be final.

REPRESENTATIVE COUNCIL OF EACH OF THE STATES.

XXXI. There shall be a Council composed of one Representative for each two Partidos (or Districts,) elected by their respective inhabitants.

XXXII. Attributes of the Representative Council: 1st. It shall sanction the Laws. 2nd. It shall advise the Executive Power, when consulted. 3rd. It shall propose the principal functionaries to the Executive for nomination. 4th. It shall watch over the conduct of those Functionaries, and declare when there are grounds of prosecution.

EXECUTIVE POWER OF EACH OF THE STATES.

XXXIII. The Executive Power resides in a Chief, appointed by the inhabitants of the State.

XXXIV. It is his duty: 1st To execute the Laws, and watch over public order. 2nd. To nominate the Functionaries of the State, proposed in threes by the Council; and the Subordinate Authorities, from a similar proposition by their Chiefs. 3rd. To dispose of the armed force of the State, and make use of it in its defence, in case of sudden Invasion, giving immediate intelligence thereof to the Legislature of the State, in order that the latter may transmit the same to the Federal Congress.

XXXV. In the absence of the Chief of the State, his place shall be supplied by a second Chief, to be named likewise by the Inhabitants. XXXVI. He shall be President of the Council, and shall only vote in case of the suffrages being equal.

XXXVII. In case of his absence, the Council shall elect a President from amongst its own Members.

XXXVIII. The second Chief shall not assist at the Council, in the same cases in which the Vice-President of the Republic must be absent from the Senate.

XXXIX. The Chief and second Chief of the State shall remain in their Offices four years, and may be re-elected once without interval. XL. They shall be responsible to the State for the faithful discharge of their duties.

JUDICIAL POWER of each oF THE STATES.

XLI. A superior Court of justice shall be formed, composed of Judges popularly elected, who shall be renewed periodically.

XLII. It shall be the highest Tribunal of appeal.

XLIII. The responsibility of the individuals of the Legislative and Executive Powers, of the Representative Council, and of the Superior Court, shall be enforced in the same order and dependence as are directed in respect of the Supreme Federal Authorities.

GENERAL DISPOSITIONS.

XLIV. Neither the Federal Congress nor the State can : 1st. restrict, in any case, or under any pretext, the freedom of opinion, of speech, of writing, or of printing. 2nd. suspend the right of petitioning by word or writing. 3rd. establish entails, give titles of nobility, or decorations or hereditary distinctions; or consent that Citizens should receive those which may be offered to them by other Nations. 4th. permit the use of torture or compulsion, impose confiscation of property, whipping or cruel punishments; or pronounce infamy to descendants. 5th. grant exclusive privileges to commercial Companies or manufacturing Corporations, for any period, or limit commerce, industry or agriculture, except in cases provided for by the Constitution.

XLV. Nor can they, except in case of tumult, rebellion or attack by an armed force on the Constituted Authorities: 1st. disarm any District, or Citizens, except when they are charged with having used their arms against the Laws. 2nd. prevent popular Assemblies, having for their object, lawful recreation, the discussion of politicks, or the examination of the conduct of Public Functionaries. 3rd. dispense with the sacred formalities of the Law, in order forcibly to enter the house of any Citizen, to examine his private correspondence, or to imprison him. 4th. form Special Committees or Tribunals, to take cognizance of determined criminals, or of any class of Citizens; nor enact Laws of proscription or retrospection.

The Supreme Executive Power, on circulating this Decree, shall order the Political Chiefs, provincial deputations and municipalities, and invite the scientific establishments, literary bodies and all Citizens, to make their observations; proposing the modifications or reforms which, in their opinion, these Constitutional Bases are suscep

tible of; and shall direct that they do transmit them, within the space of three months, to the Office of the Minister of State, who will remit them to the Secretary of the Assembly, in order that the Committee which forms the Projet of the Constitution may examine them, as also the Assembly itself, at the time of discussion, so that the Fundamental Law to be enacted, may be the most expedient and conformable to the general will of the People.

Let it be communicated to the Supreme Executive Power for its fulfilment, and be printed, published and circulated.

Given in Guatemala this 17th of December 1823.

JOSE DOMINGO ESTRADA, Deputy President.
JUAN HERNANDEZ,

MANUEL BARBARENA,

The Supreme Executive Power.

Deputy Secretary.

Deputy Secretary.

In virtue whereof we order that it be obeyed, fulfilled and executed in all its parts.

The Secretary of State shall make it known, and cause it to be printed, published and circulated.

National Palace of Guatemala, 27th December, 1823.

JOSE SANTIAGO MILLA, President.

TOMAS O'HORAN.

JUAN VICENTE VILLACORTA.

MANIFESTO of the Supreme Executive Government of Mexico, on the transfer of its Functions to a President.Mexico, 5th October, 1824.

(Translation.)

THE SUPREME EXECUTIVE POWER TO THE NATION.

THE Republic is about to be governed by a President; and before carrying into effect that memorable event, we wish to address ourselves to our Countrymen for the last time, and to render an account of the period of our Administration.

Looking back to the past, and fixing our view on the point from which we came, it will be immediately perceived that our situation has very sensibly improved. We will not be guilty of the folly of attributing to ourselves these changes and advantages: we have had good intentions; we have desired, most sincerely and ardently, the happiness of our Country; we have done all in our power to promote it; but the favourable position in which we find ourselves, ought to be ascribed principally to the good sense and indulgent character of the Nation,