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96. It may modify or repeal any the senate or the council shall laws, except those contained in the immediately inform the provin. constitution.
ces to send their representa. 97. The president shall not, tives (mandataires) to elect a without the consent of the senate, president. declare war, nor make any treaty
Chap. 7. Concerning the President of peace, alliance, friendship, commerce, or neutrality, &c., except
of Greece. truces of limited duration, of which 104. The executive power is notification must be immediately vested in the president, (patogos.) given to the senate.
105. The president is declared 98. The senate shall receive re. to be inviolable. ports concerning all the business of 106. The secretaries are rethe state, and those which shall be sponsible for their public acts. deemed important, shall be refer. 107. He shall put the laws in red to a competent committee with force, through the secretaries, out any directions.
throughout the state. 99. The journalists shall have 108. All orders shall be signed free admission in all sittings of the by the president, countersigned by senate, which shall not be declared the secretary of the proper de. secret.
partment, and sealed with his seal. 100. The senate shall make 109. He shall command the rules for its own government. forces of the state by sea and land.
101. The senate shall institute 110. He shall propose laws, purcivil, criminal and military codes, suant to article 76, directing one or upon the basis of the French sys. more secretaries of the state, to tem of jurisprudence.
assist in the discussions thereof, at 102. Each representative shall which the secretary of the proper vote according to his own opinion, department of course must be pre. without asking the advice of his sent. constituents.
111. He shall take care of the 103. In case of the death, the public security, foreign and do. dismission, or incapacity from in. mestic. firmity, of the president, the senate 112. He shall appoint the secre. shall name a vice-gubernatorial taries of state, assign their duties commission of three members, and employments, and determine chosen from persons not members their qualifications and privileges. of the senate.
113. He shall correspond with This commission shall provi. foreign powers. sionally execute the laws, with the 114. He shall have the power to consent of the secretaries, until the declare war, make treaties of election of a new president. If peace, alliance, &c., according to the senate is not in session, the se. article 97. cretaries shall form provisionally 115. He shall appoint ambassa. a vice-gubernatorial council to dors, consuls, chargé d'affaires in convoke the senate immediately, foreign governments, and receive which, however, shall also assem. them from foreign powers. ble without being specially sum. 116. He may convoke the se. moned. In each of these cases, nate on extraordinary occasions,
and prolong the session, according have secretaries : 1. Of foreign to the exigency of the occasion, until affairs ; 2. Of domestic police; 3. 4 or 5 months.
Of finance; 4. Of war; 5. Of ma117. He shall take care that the rine ; 6. Of justice, religion, and laws are carried into full effect. public instruction.
118. He shall cause the judg. 129. They shall publish and ments of the courts to be executed carry into effect all the ordinances
119. He shall propose a of the president which shall be law upon the organization of the countersigned by the secretary of militia.
the proper department. 120. The president shall not 130. Each of the secretaries have the right to enter the senate, shall furnish the senate with the but upon the opening and close of necessary information of matters the session.
appertaining to his department, but 121. At the opening of the ses. the secretary of foreign relations sion, he shall make a statement of may defer communicating matters the foreign relations, and of the important to be kept secret for a domestic concerns, especially of time. the revenues and expenditure, of 131. They shall have free ac. the estimates for the ensuing cess to the senate when in session, year, and of anticipated improve. and the right to debate therein. ments in the public business.
132. They shall not directly nor 122. The election of the presi. indirectly share in the farming of dent shall be regulated by a spe. the public revenues, under pain of cial law to be passed by the senate being deprived of their office. for the present year.
133. They shall be liable to be 123. The term of office of the accused before the senate of trea. president is seven years.
son, of extortion, and of violating 124. The president elect shall the fundamental laws, by signing an swear publicly before the senate, ordonnance. that he will protect and preserve 134. The senate shall inquire the constitution of Greece.
into accusations made against the 125. He shall sanction and pro- secretaries of state. When the in. mulgate the laws pursuant to arti- quiry is agreed to by a majority of cle 74.
votes, a committee of seven mem. 126. The president shall have bers shall be named to inquire the power to commute capital pun. into the matter. After being ishment, but he shall be bound to sworn, the committee shall choose consult the secretaries of state a president and commence the convened in special council. inquiry.
127. The president and senate 135. When the report of the are prohibited from consenting to committee is made to the senate, any treaty, which shall aim at the it may accept or reject the same. destruction of the political exist. In case of acceptance, a day is ence of the nation, and of its inde. fixed for the senate to resolve it.
self into a court. The president CHAP. 8.--Concerning the Secreta. of the supreme court shall preside ries of State.
in the senate during the inquiry; 128. The executive power shall but the president of the senate and
the committee of inquiry shall take 2. That of the prefects ; 3. The no part in the matter.
court of appeal. 136. The president shall ad. 143. Independent of these courts, minister the following oath to the a court of cassation or supreme senators :
court, shall be established, to be You swear before God and man, held near the government. to hear the accusation which the 144. The trial by jury being president of the committee of in. adopted, the senate shall provide quiry is about to read; neither to therefor by special law. betray the rights of the accused, 145. Judicial commissions or nor of the public ; not to yield to extraordinary courts are prohibited any hatred, nor personal animo. in future. sity, fear nor compassion; to pro. 146. The Hellenes shall be at nounce sentences upon the accu. Jiberty to appoint arbitrators to sation, and the defence, with that determine their differences, either impartiality which belongs to a just with or without appeal. and free man.
147. Trials shall be public, but 137. After the oath has been whenever the proceedings shall be taken, and the examination taken offensive to decency, the courts by the president alone, the plead. shall declare them to be so by a ings shall commence, but no sena. decree. tor shall be permitted to speak on 148. The decisions of the courts either side. The president, or shall always be in public. another member of the committee 149. Until the promulgation of of inquest, shall perform the duties the codes pursuant to art. 101, the of a public prosecutor.
laws of the autocrats of Bysance, 138. A majority of votes shall the criminal laws of the second be sufficient to convict the ac. national Hellenian assembly, and cused. The senate shall impose those promulgated by the Greek no other punishment than dismis. government, shall continue in force. sion from office; but the accused, As to those relating to commerce, after conviction, may be prosecu. the commercial code of France ted before the proper tribunals, and shall be in force. punished for the offences accord. 150. The present constitutional ing to law.
laws shall be paramount to all CHAP. 9.-Concerning the Courts. by the Greek government to the
others, and the laws promulgated 139. The judiciary is indepen. old laws. dent of the other powers in its 151. The judges may be deemdecisions.
ed guilty of fraud, venality, and of 140. It shall determine accord. all the crimes specified in the law ing to the written laws of the state. organizing the court.
141. The courts shall give their 152. The inferior courts shall judgments in the name of the na. be accountable to the superior, and tion.
the supreme court to the senate. 142. There shall be recognised 153. The law organizing the only three kinds of tribunals in courts, published after the 13th Greece ; 1. Judges of the peace; art. of the legal code, is in force, and the courts shall be organized al Government of Greece will, according to its provisions
with a lively satisfaction, perceive 154. The senate shall appoint in this transaction the determination this year a committee to examine of the three powers to exact from this law, and to report the result of the Ottoman Porte the maintenance their examination.
of the armistice announced by the A law organizing the domestic Reis Effendi on the 10th of Sep. government, and prescribing the tember, 1828, as existing de facto forms of official oaths, and the du. on the part of the Turks; and, in ties of the governors of provinces, consequence of that determination, and mayors of cities, then follows; the undersigned has no doubt that and a provision for the promulga. his Excellency will appreciate the tion and observance of the consti- just hope of the Allied Courts, to see tution, sanctioned at Trésene, May, immediately adopted by the Greek 1827, the 7th year of indepen. government measures conformable dence.
to their wishes, either by declaring a suspension of hostilities on all
points on which the contest is at Note addressed by Mr. Dawkins to
present carried on, or by recalling the Greek Government, transmit.
its troops within the limits of the ting the protocol of the 22d March,
territory placed under the guaranty and demanding the suspension of of the three powers by the act of hostilities.
the 16th of November, 1828. To his excellency the President of
This measure will prove the the Provisional Government of
good faith and loyalty of the prin. Greece, &c.
ciples which animate this govern. The undersigned, Resident of
ment, and the just confidene which his Britannic Majesty with the
it places in the solicitude of the Provisional Government of Greece,
august powers of the alliance for has received orders from his court
the true interests and happiness of to communicate to his Excellency
Greece. the Count Capo d'Istria, President
The undersigned avails himself of the said Government, the copy
of this opportunity to offer to his of a protocol, signed on the 22d of
Excellency the President of the March, by the plenipotentiaries of
Government the assurance of his the Allied Powers who were parties hi
highest consideration. to the treaty of the 6th of July, (Signed) E. DAWKINS. 1827. The ambassadors of his Bri.
Egina, May 18. tannic majesty and his majesty the king of France are now on their
Answer of the Greek government to way to Constantinople for the pur.
the note addressed to it by Mr. poses of opening with the Ottoman
Dawkins, relative to the armistice. Porte a negotiation on the basis The Provisional Government of established by this protocol, and in Greece has received the note which the hope of concluding a definitive Mr. Dawkins did it the honour to arrangement on the affairs of present to it on the 18th of May, in Greece.
order to communicate to it, by order The President of the Provision of his court, the protocol of the 22d
of March, Signed by the plenipo. “In resting upon an armistice tentiaries of the powers who were de facto, which is in reality nothing parties to the treaty of the 6th of more than a defensive attitude re. July, 1827, and in order to call its vocable at pleasure-in declaring attention more particularly to the on its side, and upon that basis, the clause of that protocol which relates cessation of hostilities, the Greek to the armistice.
government would depart from the The Resident announces the principles laid down in the said hopes which the Allied Powers en treaty, and would at the same time tertain of hearing, that, in conformi. contract an engagement which it ty to the wishes which they express would not be in its power to fulfil. in the aforesaid clause, the Greek It is ignorant of the extent of terri. government will declare a suspen. tory guarantied by the alliance, sion of hostilities, and will recall seeing that the protocol of the 16th its troops within the territory, placed of November, 1828, which Mr. under the guaranty of the three Dawkins mentions, has never been powers by the act of the 16th of communicated to it; but even November, 1828. "The Greek go. though that communication had vernment must acknowledge, in the been made to it in due season, it first place, the sentiments of grati. would deem itself to have failed in tude with which it receives for the good faith and loyality, which alone first time the official communication can entitle it to the confidence of of acts which relate to the measures the august allied sovereigns, if, by which the allied courts hope to placing before their eyes the real attain, without further delay, the state of affairs, it had not proved to philanthropic and Christian object them that it was not in its power at which gave rise to the treaty of the end of last year, as it never will the 6th of July.
be, to transport by an act of autho. “ This communication, however, rity, into the heart of the Pelopon. leaves the Greek Government to nesus and the adjacent islands, the desire much information, which it miserable population of the pro. has not received even up to this day. vinces situate beyond the isthmus of It has never had any oficial know. of Corinth. ledge of the note of the Reis Efiendi “ These provinces, as well as of the date of the 10th September, those of the Peloponnesus and the upon which the hope ef an armistice islands, contracted in the hour of appears to depend.
trial and misfortune a solemn en“If that document, in conformity gagement never to separate their with the text, which private corres. cause. These engagements are pondence has placed within its confirmed by public acts under a knowledge, of other information, did double sanction-the sanction of not more particularly characterize the national congress, and the still the nature of it, the Greek Govern. more inviolabie one of oaths. ment could only see in the letter of “Can the Greek government, the Reis Effendi an evasive answer, whose only power is founded on by means of which the Porte rejects these same acts, infringe them by once more in principle the media establishing a line of separation tion which was offered to it by the between continental Greece and treaty of the 6th of July.
the Peloponnesus, seeing that it is