Слике страница
PDF
ePub

possesses influence, it is far from aspiring to dominion, satisfied with its own preservation. Without this assistance, tyranny can never be permanent; and if some ambitious characters exert themseves to raise empires, the example of Dessalines, Christophe, and Iturbide tells them what awaits them. There is no power so difficult to maintain as that of a new dynasty. Buonaparte, the conqueror of all that opposed him, was not able to overturn this rule, stronger even than empires. And if the great Napolean was not able to hold up against the league of republicans and aristrocrats, who could found monarchies in America, on a soil illuminated with the brilliant flame of liberty, which consumes the materials of which those royal scaffolds are to be constructed? No, legislators, do not fear pretenders of the Crown; it would be on their heads like the sword hanging over Dionysius. Those founders of modern dynasties, who are blind enough to construct thrones on the ruins of liberty, will raise tombs to their ashes, which will inform future genera tions how they preferred their insane ambition to liberty and glory.

The constitutional authority of the President of Bolivia is the most restricted of any that is known; he only names those employed in the departments of finance, of peace and war; he commands the army. This is the extent of his powers.

The administration is entirely given to the Ministry, who are responsible to the censors, and subject to the jealous vigilance of all the members of the Legislature, the magistrates, judges, and citi

zens. The Custom-house officers and the soldiery, the only agents of this Ministry, are not, indeed, the most likely to engage popular favour on their side; their influence, therefore, will be nothing.

The Vice-President is the magistrate most fettered by restraints that ever held command; he obeys conjointly the Legislature and the Executive of a Republican Government. From the former he receives laws; from the latter orders; and between these two barriers he has to proceed in a path beset with difficulties and surrounded by precipices. Notwithstanding these inconveniences, to govern thus is preferable to absolute power. These constitutional barriers strengthen his political conscience, and afford him wellgrounded hopes of meeting with a light to guide him among the rocks by which he is surrounded they act as a support against the assaults of our passions in concert with the self-interest of others.

;

In the Government of the United States it has been latterly the practice to choose the Prime Minister to succeed the President. Nothing is so judicious in a Republic as this; it has the advantage of placing at the head of the administration a person experienced in the affairs of Government. When he enters upon the exercise of his functions, he goes prepared, and carries with him the breeze of popularity and a practical knowledge of business. I have taken advantage of this idea, and I have established it as a law.

The President of the Republic appoints the Vice-President, that

he may govern the state, and succeed him in the command. By this means the period of elections is avoided, which is productive of that great scourge to republics anarchy, the luxury of tyranny, and the most dreadful as well as most immediate danger, which threatens popular Governments. By this means also this dreadful crisis passes over in Republics the same as in legitimate monarchies.

The Vice-President must be a man of consummate integrity; for if the first magistrate does not select an upright citizen, he must fear him as his most dangerous enemy, and be in constant suspieion of his ambitious designs. The Vice-President must endeavour to deserve by his services that confidence which is necessary to enable him to carry into effect the duties of his high office, and to hope to obtain his great reward from the nation-the supreme command. The Legislative Body and the people will exact capacity and talents from this magistrate; and will require his blind obedience to the laws of liberty.

Hereditary succession is what principally tends to perpetuate monarchical institutions, and makes them so general throughout the world; how much more advantageous is the order of succession I have proposed for the Vice-President! If the heirs of princes were chosen for their merits, and not by chance; and instead of remaining in inactivity and ignorance, they were placed at the head of the administration; they would doubtless become more enlightened monarchs, and would be the delight of their subjects. Yes, legislators, those monarchical in

stitutions which govern the world, found their claims to approbation on the order of hereditary succession, which makes them stable, and on union, which makes them strong. For this it is, that although a sovereign prince is a spoiled child, shut up in his palace, educated by flattery, and a victim to his passions; this prince, whom I will venture to call the laughingstock of mankind, governs a portion of his fellow-creatures, because he preserves order in the state of things, and subordination among his subjects by the immutability of his power and the steadiness of his policy. Consider, legislators, that these great advantages are united in a President for life and an hereditary Vice-President.

The Judicial Power which I propose is most completely independent; no where is it so much so. The people present the candidates, and the Legislature chooses those who are to fill the seat of justice. Unless the judges derive their origin from the people, it is impossible to preserve in all its purity this safeguard to the rights of individuals. These rights it is, legislators, which constitute liberty, equality, security, all the The guarantees of social life. truly free constitution is written in the civil and criminal codes; and the tyranny most to be dreaded is that exercised by the tribunals in the name of the laws. Generally the Executive is but the depositary of the common weal; but the tribunals are the arbitrators of what is our own, of the property of individuals. The judicial power the measure of the prosperity or misery of the people; and if there be liberty, if there be justice in the

is

Republic, it is distributed by it. The political organization, provided the civil be perfect, is sometimes of little consequence; let the laws be religiously fulfilled; let them be as inexorable as fate. According to the opinions of the day, we of course have prohibited the rack and extorted confessions; we have also cut off the prolongation of law-suits in the intricate labyrinth of appeals.

The territory of the Republic is by Prefects, Governors, Corregidores, Judges of the Peace, and Alcaldes. My limits have not allowed me to enter into a detail of their organization and of the extent to be given to the jurisdiction of each; it is, however, my duty to present to the Congress some regulations concerning the government of the departments and provinces. Bear in mind, legislators, that nations are composed of cities and cottages; and that on the welfare of these depends the felicity of the State. You can never pay too much attention to the good government of the departments. This point is of the utmost importance in the science of legislation; it is, notwithstanding, too much overlooked.

The armed force has been divided into four parts-the troops of the line; the navy; the national militia; and the military corps of Custom-house officers. The duty of the troops of the line is to defend the frontier. God forbid that they should turn their arms against their fellow-citizens! The national militia is sufficient to preserve internal tranquillity. Bolivia does not possess an extensive coast; a navy, therefore, would be useless; some day, notwith

[ocr errors]

standing, we may have both one and the other. A corps of Custom-house officers, under military discipline, is in every respect preferable to simple Custom-house officers; this service is more immoral than superfluous; it is, therefore, the interest of the Republic to guard its frontiers with troops of the line, and with troops of Custom-house officers against the machinations of fraud.

I have proposed that the constitution of Bolivia should be reformed at certain periods, according to the movements of the intellectual world. The steps to be followed in the introduction of reforms have been laid down as I have thought most advisable.

The responsibility of persons in public situations is laid down in the constitution of Bolivia in the most explicit terms. Without responsibility, without restraint, the State becomes a chaos. I venture to urge strongly the members of the Legislature to pass the strictest and most definite laws upon this important subject. Every one talks about responsibility, and there it ends. There is no responsibility, legislators: the magistrates, judges, and public officers abuse their authority, because the agents of the Government are not under rigorous restraint, and the people, in the mean time, are the victims. I would recommend the passing of a law which should direct every person employed under Government to give annually an account of his conduct.

The most complete guarantees have been established; civil liberty is the only true liberty; the rest are merely nominal, or have

but little influence on the condition of the people. Personal security, which is the object of man's entering into society, and from which the others emanate, has been guaranteed. With respect to that of property, it will depend upon the civil code, to the composition of which you ought immediately to dedicate your talents, for the benefit of your fellow citizens. I have preserved intact the law of laws, equality; without it, all our guarantees, all our rights are null. To it we must sacrifice every thing. At its shrine I have immolated the infamous laws of slavery. Legislators! Slavery is an infraction of every law. The law which recognized it would be most sacrilegious. What right can be alleged for its continuance? Look upon this crime in every point of view, and I am satisfied there is not one inhabitant of Bolivia so depraved as to pretend to justify this most scandalous violation of the dignity of man. One man to be owned by another! become property! God's image put to the yoke like a beast! Tell me, where is to be found a defence of these usurpers of man Guinea cannot furnish it, for Africa, laid waste by fratricide, only presents a field of crime. The remains of those African tribes having been transplanted here, what power can sanction the right of property over these victims! To transmit, to prolong, to eternalize this crime, mingled with torments, is an outrage revolting to our nature. To found a right to possession upon the most savage delinquency, could never be imagined without overturning every element of justice, without

A man to

?

the most determined perversion of every idea of our duties. No one can destroy the sacred doctrine of equality: and can slavery exist where equality is proclaimed ? Such contradictions would be taken as evidence of our want of sense, rather than of justice; we should be considered more as madmen than as robbers.

If there did not exist a God, the protector of innocence and liberty, I would prefer the condition of the lion, ranging uncontrolled the desert and the forest, to that of a captive at the mercy of a mean tyrant, who, an accomplice of his crimes, will provoke the anger of Heaven: but no; God has destined man for freedom; he protects him, that he may exercise the heavenly gift of free will.

PROCLAMATION.

Simon Bolivar, Liberator of Colombia and Peru-Considering:

I. That it is my duty to return to Colombia when she recalls me;

II. And that I am authorized, by the decree of the Sovereign Congress of Peru, of the 10th February, 1825, to invest whomsoever I would, with the supreme command, in my absence;

I hereby order and proclaim:

I. That the Grand Marshal Don Andres Santa-Cruz and the Secretaries of State, succeed me for the time, in the full and supreme magistracies of the Republic;

II. That the Vice Presidency of the Executive Council, when it becomes necessary, shall be held by one of the members of the Council, chosen by lot;

[ocr errors]

III. That the President of the Council shall appoint Secretaries at War and of the Navy.

IV. That the Executive Council shall convoke the Legislature, to meet in the month of September of the next year;

V. And that the Secretary General shall make these orders and this proclamation known, to whom it may concern.

Head Quarters, Lima, Sept. 1st, 1826. SIMON BOLIVAR. For His Excellency, the Liberator, JOES GABRIEL PEREZ. Secretary General.

Peruvians!

Colombia calls, and I obey. I now feel how much I love you; for I cannot tear myself away, without the deepest sorrow.

I had conceived the bold design of being your benefactor :-but it is I that am loaded with the honourable burthen of your munificence, my public services vanish, before the monuments they have earned from the generosity of Peru; and even the recollection of them will be lost in your unbounded gratitude. You have surpassed me.

I do not all depart; for I leave you my love, in the President and executive council, fit depositories of the Supreme authority; I leave you my confidence, in the magistrates that govern you; I leave you my political opinions, in the constitutions which I have offered; and I leave you your independence, in the heroes of Ayacucho. The legislature will, next year, render permanent, by the wisdom of their acts, all the blessings of liberty. There is but one danger which you have to fear: and I provide the remedy.-Continue

[blocks in formation]

DECREE OF THE EXECUTIVE
POWER.

Simon Bolivar, Liberator President of Colombia,

Taking into consideration, 1st. The state of agitation in which the Republic now finds itself, in consequence of the transactions in Venezuela, and that it is divided in opinion with regard to the political administration; and alarmed at the prospect of a civil war, and an invasion from abroad by the common enemy. 2d. That there are well founded reasons for apprehending that the Spanish Government intends to renew hostilities with the forces which it is assembling in the island of Cuba. 3d. That the majority of the Departments have declared it as their opinion that the President of the Republic should be invested with such extraordinary powers as may be indispensibly necessary to reestablish that national integrity, and preserve Colombia from civil and foreign war; and, 4th. That the Executive Power has already declared itself to be within the case of article 128 of the Constitution, and and has therefore opportunely convoked the Congress; and desiring on the one hand to correspond to the confidence of the people, and on the other to preserve the present Constitution until the

« ПретходнаНастави »