« SebelumnyaLanjutkan »
presence of the Person to whom he may confide the performance of this duty.
OF THE OBSErvance of tHE ANCIENT LAWS, AND THE INTERPRETATION AND AMENDMENT OF THE PRESENT CONSTITUTION.
CLXXXVIII. The Laws hitherto prevailing are hereby declared to be in their full force and vigour, in all matters and cases not directly or indirectly opposed to the present Constitution, nor to those Decrees and Laws which the Congress may enact.
CLXXXIX. It shall be lawful for the Congress to resolve any doubt that may occur as to the meaning of any of the Articles of the present Constitution.
CXC. At any time, should two-thirds of both the Chambers deem it expedient to alter and amend any of the Articles of the present Constitution, it shall be lawful for the Congress to propose the same for consideration, provided that one half, at least, of the Members of the Chamber which proposes the Amendment shall have been renewed, and if the same be then ratified by two-thirds of each, agreeably to the formalities prescribed in Title IV, Section I, the same shall be valid and form part of the Constitution; but the bases established in Title I, Section I, as well as in Title II, Section II, can at no time be altered.
CXCI. When all, or the greatest part of that portion of the Territory of the Republick, which is now under the power of Spain, shall be so liberated as to be able to contribute, through the medium of its Representatives, to the perfection of the edifice of our social happiness, and when an experience of 10, or more Years shall have discovered all the inconveniences or advantages of the present Constitution, a grand Convention of Colombia shall be assembled by Congress, and authorized to examine and amend the same in all its parts.
Done in the first General Congress of Colombia, and signed by all the Deputies present, in the Town of Rosario de Cúcuta, this 30th day of August, in the Year of our Lord 1821, and 11th of Independence.
Dr. MIGUEL PENA, President of the Congress.
[Signatures of 56 Members of Congress.] FRANCISCO SOTO, Deputy Secretary. MIGUEL SANTAMARIA, Deputy Secretary. ANTONIO JOSE CARO, Deputy Secretary. Palace of the Government of Colombia, in Rosario de Cúcuta, this 6th day of October, 1821.-11th Year of Independence.
Let the same be kept, fulfilled, and circulated. Given, signed by
my hand, sealed with the Provisional Seal of the Republick, and countersigned by the Ministers Secretaries of State.
(L.S.) SIMON BOLIVAR. PEDRO BRICENO MENDEZ, Minister of Marine and War. PEDRO GUAL, Minister of Finance and of Foreign Relations. DIEGO B. URBANEJA, Minister of the Interior and of Justice.
DECREE respecting the publication, &c. of the Constitution of Colombia.-20th September, 1821. (Translation.)
The General Congress of the Republick of Colombia, DESIROUS that the Constitution by them decreed and sanctioned on the 30th of last August, should be published and received by all Subjects of the Republick, with that solemnity which the importance of the object requires;
Have thought proper to decree and hereby do decree;
1. An Original Copy of the Constitution, signed by all the Members present, shall be presented to the Executive Power, by a Deputation, composed of the Vice-President of the Congress and 5 of its Members.
2. The Executive Power shall affix at the bottom of it their Decree for the observance of the same, and order it to be printed, published, and circulated throughout the whole Territory of the Republick.
3. As soon as the Constitution shall have been received in each Town, the Judge or principal Authority of the Place shall appoint the 2 days on which the Publication and solemn reception of the Constitution are to take place, and announce the same to the Publick, at the same time ordering the whole of the Inhabitants to attend on the days appointed.
4. On the first day, the solemn publication of the Constitution shall be performed in the presence of all the Authorities, and the Civil, Ecclesiastical, and Military Functionaries in the Place, and with all the decorum, formality, and pomp, which the circumstances of each Town will permit. The whole of it shall be read in a loud voice in the most publick place, and the promulgation thereof being finished, the bells shall ring, salutes from the Artillery be fired, where this can be be done, and the ceremony attended with other demonstrations of publick rejoicing.
5. On the following day, all the Inhabitants shall attend at the parochial or principal Church, where a solemn Mass shall be celebrated, as an act of thanksgiving; and the Curate, or some other Ecclesiastic, shall pronounce a short exhortation, suitable to the object. After the Mass is ended, at the invitation of the principal political Magistrate, the Persons present shall, with one voice, take an Oath to maintain
the Constitution, under the following form: "You swear by God and the Holy Evangelists, to obey, maintain, and support the Constitution of the Republick of Colombia, sanctioned by the first General Congress on the 30th day of August, 1821." To which the Persons present shall answer, this we swear; after which a Te Deum shall be performed.
6. The Heads of Departments, and Tribunals, of whatever class they may be, Governors, Justices, Municipalities, Very Reverend Archbishops and Bishops, Prelates, Ecclesiastical Chapters, Universities, Religious Communities, and all other Bodies, Publick Functionaries, and Officers, throughout the whole of the Republick, shall, at a proper time, take the Oath aforesaid, under the form above expressed, if they do not exercise jurisdiction or authority; and those who do exercise the same, under the following form: "You swear by God and the Holy Evangelists, to obey, keep, and maintain, and cause to be obeyed, kept, and maintained, the Constitution," &c. as in the preceding Article. In all the Cathedrals, Universities, Colleges, and Religious Communities, a Mass of thanksgiving shall be celebrated, together with a Te Deum, after the respective Bodies and Communities shall have taken the Oath before the Chiefs.
7. Wherever Military Divisions exist, the respective Chiefs shall appoint the days they may think proper, after the Constitution shall have been received, in order that, the Troops being drawn out in line, the same may be published in their presence: the whole shall then be read in a loud voice; and immediately afterwards the Commander, Officers, and Troops, shall take the Oath in front of the Banners of the Republick, in the form expressed in Article 5.
8. Of all the Publick Acts ordained by the present Law, a certified report shall be immediately transmitted to the Executive Power, which shall be authorized to demand those which may not have been forwarded to them in due time, and corresponding notice thereof shall also be given in the Gazettes.
9. The 2 days above specified shall be solemnized in all the Towns and Divisions of the Army, by festivals and publick rejoicings, in honour of the Fundamental Law and the Constitution, as is especially enjoined in the XIIth Article of the former.
The above shall be communicated to the Executive Power for publication, and in order to a due compliance therewith.
Done in the Palace of the General Congress of Colombia, in the Town of Rosario de Cúcuta, this 20th day of September, 1821.-11th Year of Independence.
VICENTE AZUERO, President of the Congress.
Palace of the Government of Colombia, in Rosario de Cúcuta, this 6th day of October, 1821. Let the same be executed, published, and circulated, together with the Constitution of the State, in order that the Authorities may carry into effect the publication thereof, conformably to the provisions of the present Decree.
By the Liberator-President.
DIEGO B. URBANEJA, Minister of the Interior.
DECREE of the Prince Regent, for the Installation of the
THE Salvation of the State urgently requiring the immediate Installation of the Council of Representatives General of the Provinces of Brazil, which I ordered to be created by my Royal Decree of the 16th February of the present Year, I am pleased to order those already elected, and here resident, to be convoked for Tomorrow, notwithstanding that those of one of the Provinces are wanting for the literal execution of the said Decree.
Jozé Bonifacio de Andrada e Silva, of my Council of State, and Councillor of His Most Faithful Majesty, Don John the VIth, and my Minister and Secretary of State for the Affairs of the Kingdom of Brazil and for Foreign Affairs, will so understand it and cause it to be executed.
Palace, 1st of June, 1822.
[With the Initials of the Prince Regent.] JOZE BONIFACIO DE ANDRada e Silva.
SPEECH of the Prince Regent to the Representatives General of Brazil, assembled in Council.-2nd June, 1822. (Translation.) ILLUSTRIOUS AND WORTHY REPRESENTATIVES,
THE representations from San Paulo, Rio de Janeiro and Minas Geraes, in which I was requested to remain in Brazil, also solicited the creation of a Council of State. I resolved to establish one, in the Form directed in my Royal Decree of the 16th February last, which Form was required by the 3 Provinces legally represented.
I cannot describe the pleasure my soul felt, when those representations reached my Royal Presence, for then I knew that the wish of the People was not only useful, but necessary, to uphold the integrity of the Monarchy in general, but more especially of the Great Brazil, whose Son I am. My pleasure increased still more when I saw that
the ideas of the People coincided with my pure, sincere, and cordial intentions; and, being desirous not to delay the benefits which such a measure promised, I ordered in the before mentioned Decree that, immediately that the Representatives of the 3 Provinces should be as sembled, the Council should enter upon the exercise of its functions: this cannot however be carried into execution literally, the People having manifested, most unequivocally, their wish for a General Constituent and Legislative Assembly, as has been communicated to me by their Magistracies. Being, therefore, unwilling to delay, even for a single moment, and still less to fail in any thing that the People desire, the more especially as their wishes are so reasonable, and of such deep interest, not only to Brazil, but to the whole Monarchy; I am convinced that it is my duty to instal my Council of State from this moment, notwithstanding that the Representatives of the 3 Provinces are not assembled; in order that I might learn from such illustrious, worthy, and liberal Representatives, their opinion relative to our political situation, it being a matter that belongs to them as entirely popular, and of such great importance to the salvation of our Country, whilst threatened by Factions.
It would be indecorous towards myself, as well as injurious to the Illustrious Representatives, to point out to them their duties: but if, without offence, however slight, to any one, I may be permitted to offer one single recommendation, I entreat them to advocate the cause of Brazil, in the manner they have lately sworn to, even should it be to my prejudice, (which I trust will never happen,) since for my Nation I am ready to sacrifice my Life, which is as nothing compared with the salvation of our Country.
For the reasons laid before you, you will perceive the necessity which exists for this immediate Installation, upon which depends the honour, the glory, the salvation, of our Country, which is in the greatest danger.
Illustrious Representatives, these are the sentiments which rule my soul, and also those that will govern yours: count upon me, not only as an intrepid Warrior, who for his Country will encounter all and every danger, but also as vour Friend, the Friend of the liberties of the People, and of the great, the fertile, and the most rich Brazil, by which I have been so much honoured, and am beloved.
Do not believe, Illustrious Representatives, that what I have said is the result of deep thought, concealed in studied and deceitful words: No; it proceeds from my love for the Country, expressed in the language of the heart. Believe me.
THE PRINCE REGENT.
On the 2d of June, 1822.