ues for three months, which may be prolonged a month longer. The Conservative Council must open and close its session two weeks, at latest, after the Tribunate. The members of the Council receive three hundred dollars a month during their legislative or judicial sessions; those of the Tribunate, two hundred dollars per month during the legislative session. Naturalized citizens are not eligible to the upper house until fifteen years after their naturalization. The national Congress meet as one body, whenever the nature of their functions requires it. These are: to proclaim the choice of president of the republic; to pass judgment upon this functionary in virtue of the decree of accusation passed by the Conservative Council; to fix the amount of the annual estimates, furnished by the executive; contract debts on the national credit; regulate the currency; interpret the laws in cases of doubt or obscurity; declare offensive war, in view of the motives which the executive may present, and to require him to negotiate peace whenever it may be necessary; to give or withhold its assent to any treaties the executive may have negotiated; to commute capital punishment on grave considerations; with some other enumerated powers, and among them that of revising this Constitution whenever the lower house shall, by a vote of two-thirds of all its members, determine and designate the articles and dispositions which they deem it expedient to have revised. The members of both houses of the Congress are required to be the proprietors of real estate. | 66 His veto power is restricted in a similar manner as is provided in our national Constitution, and he is liable, as we have seen, to impeachment. But the Congress is empowered, in time of war, to confer upon him extraordinary powers, specifying for what purposes and limiting the period of their duration. And further, a concluding article of the instrument empowers him during the existence of the actual war [with Hayti] and until peace is established, to freely organize the army and navy, mobilize the national guards, and take all the steps he may think proper, for the defense and security of the nation, and consequently to give any orders and make any decrees for that effect, without being subject to any responsibility."* The president receives an annual salary of twelve thousand dollars. The Constitution provides for a council of four ministers, called Ministers Secretaries of State and Despatch—of justice and public instruction, of the interior and police, of finance and commerce, and of war and the navy. The department of foreign relations is for the present to be intrusted to any one of the foregoing whom the executive may designate. In case of the vacation of the presidential office from any cause, or the temporary inability of the incumbent to discharge its duties, the executive power devolves on the council of ministers; who, except in the latter case, are to issue, within twentyfour hours, a decree convoking the Congress and the electoral colleges, in order to proceed to the election of a new president; which several bodies are to assemble, at latest, within the space of thirty days. These secretaries, or ministers, have the right to present themselves in either house, and in the combined houses, or the Congress, and be heard whenever they require it; and on the other hand, they are required so to present themselves whenever The executive power is vested in a president, who is chosen for the period of four years, and is ineligible to re-election until after an interval of four more. But it is provided that the first incumbent, who is to be chosen by the sovereign constituent Congress, (that is, the body who were. framing the present Constitution, but who would, in reality, only ratify the selection *He cannot, however, place himself at the head of the army, except by the express authoralready proclaimed by the army and citi-ization of the Congress. zens of the capital,) shall hold his office for two terms, or eight years. His regular powers and duties are theoretically similar to those of the President of the United States, and he is chosen (after the electors are assembled) in the same manner. We shall probably have occasion, hereafter, to allude to this feature of the Constitution, premising however, in this place, to prevent misapprehension, that there were not many serious abuses of this power committed by the late incumbent, (who voluntarily resigned the office some few months since.) summoned to answer interrogatories and | inquiries touching any of the acts of their administration. They are responsible not only for their own exclusive acts, but also for those of the president which they individually may have countersigned; no act of the president being executory or authoritative, without being first so countersigned by some one of them. Each of these officers receives a salary of three thousand six hundred dollars per annum. The power of applying the laws in civil and criminal cases, is declared to pertain exclusively to the tribunals, except so far as the law may otherwise direct in respect to certain political rights. Their sittings are to be open and public, except in cases where the public order or good morals would be prejudiced by publicity, when the sittings may be held with closed doors. But these secret sessions are never to be permitted in prosecutions for political crimes, nor in those relating to the press. By the Constitution and an organic law under it, the judiciary department consists of the jurisdiction of the alcalde or alcaldes in the respective communes, sometimes called for particular purposes the Court of Conciliation; a Justicia Mayor, or superior tri * This excellent provision of the civil law has been incorporated into the organic judiciary act of May 18, 1845, by which it is provided, that before carrying up to the competent tribunal any one of the causes which admit of arbitration, (en que se puede transijir,) the plaintiff shall exhibit to such tribunal an act of non-conciliation; for which end the litigant parties shall first have presented themselves in person (for an advocate is not allowed to appear professionally in the conciliation court) before the alcalde, accompanied by his reputable man, (hombre bueno,) when each party states his case. It is the duty of the magistrate, assisted by the two respective friends of the parties, to induce them, if he can, to settle their difference amicably, on the spot. All the proceedings are reduced to writing; and in case an amicable settlement cannot be effected, an act of non-conciliation is drawn up in form and signed by all parties. The case has now to go before two arbitrators, chosen respectively by the liti gant parties, and named in the body of the act. These are required to make their decision in three months, and if they cannot agree between themselves, they are empowered in the agreement in the nature of a bond, which the parties execute, to appoint a third. Either party has the right of appeal, as above. The only objectionable feature in the law is, the long time the arbitrators are allowed for forming a decision, and the still further delay of successive periods of three bunal of justice, composed of five judges, at the capital of each province; a Court of Appeals, composed of the same number of judges, (as yet rather a theoretical, not well defined, and certainly a very unnecessary tribunal,) and finally, a Supreme Court of Justice for the whole republic, whose sittings are at the capital. To each of these three tribunals there is attached an officer, called a procurador fiscal, a sort of district attorney, or attorney general, who, however, also acts (and in the lowest one of the three principally) as the law adviser of the tribunal, of which he is an indispensable element, and whose opinion, as far as our experience and observation have enabled us to judge, is pretty sure to prevail in all purely legal questions and points that arise. Besides its attributes as a court of appeal from the inferior tribunals, and the corrector of their abuses, the Supreme Court has the sole cognizance of causes or criminal prosecutions against the members of the Conservative Council, and of the Tribunate, after a decree of accusation has been passed against the delinquent by the house of which he is a member, and also against the ministers. The cognizance of questions arising under the law of nations, and others of a similar kind, belongs also to this tribunal, while the members of this court are themselves responsible and subject to judicial trial and sentence, by the Conservative Council, for the crime of treason against the State, and for official malversation. The judges of the several courts are chosen for the period of five years.* Provision is also made prospectively for councils of war, and in case of high political offenses the president has accordingly had conferred upon him the power of summoning and constituting temporary commissions and tribunals for their cognizance. Each of the provinces is presided over by a magistrate, styled the Superior Polit months in case of their failing to come to a de cision in the prescribed time. Their salary is fixed by a subsequent law; but we have lost our note, or failed to furnish ourselves with one in regard to its amount. It is, however, in part at least, on a somewhat less liberal footing than the compensation in the other departmeuts. If we recollect rightly, each of the members of the Justicia Mayor receives five hundred dollars a year; those of the higher tribunals a proportionally higher stipend. The post of provincial deputy is an hon ical Chief, to be appointed by the execu- | them, he is obliged to put the acts in Connected with this office there is a provincial deputation or council, composed of four members and presided over by the Chief. This council is renewed integrally every two years, but its members are reeligible, and the holding of this office is also compatible with that of any other public office, civil or administrative. The business of these provincial deputations is, to preside over the general interests of their respective provinces. Among their attributes we may particularize those of informing the executive or the Tribunate of any abuse of power, or malversation of any kind, by the Political Chief, and the right to request of the executive his removal therefor; of requesting of the Ecclesiastical Prelate the removal of the parochial priests when their conduct is reprehensible and prejudicial to the interests of their parishioners; of apportioning by themselves, or by means of the Ayuntamientos, the contributions decreed by the Tribunate; of promoting, as far as lies within their power, the interests of agriculture and public insruction; and of preparing, directly, or by means of the Ayuntamientos, the census of the population and general statistics of the provinces. These bodies hold a session of at least two weeks' duration once every six months. The superior political chief has the right to object to the acts of this body, over which he presides; but if, on a consideration of his objections, it decides against Or Archbishop, as he is generally called, and would canonically be styled, but for the fact that the see of Rome has not yet recognized the Dominican as a metropolitan see; for effecting which object some steps have, however, been taken by the executive,(1) as the Constitution in another place empowers him to do. If any such census has yet been made we are not aware of it. (1) Exec. Message and Docs., 1846-7. There is to be an Ayuntamiento or local council for each commune, where there was one in the year 1821, (that is, before the Haytian occupation,) and others are to be established by law. These are presided over by the alcalde or alcaldes, whom the members choose from among their own number; while they are themselves chosen directly by the people in their primary assemblies. To entitle a person to vote in these assemblies, it is necessary, first, that he be a citizen in the full enjoyment of civil and political rights; and secondly, that he either be the proprietor of real estate, or a public employé, or an officer of the army or navy, or possessed of a license to exercise some industry or profession; or a professor of some science or art; or a lessee for the term of at least six years of a rural establishment in active cultivation. These primary assemblies meet in each commune the first Monday of November of each year that they are called upon to exercise the attributes conferred upon them by the Constitution or by law. These attributes are, to choose the number of electors which each commune is entitled to send to the electoral college of the province; and, secondly, to choose the regidors or members that compose the respective Ayuntamientos. These electoral colleges, which according to the first appointment (which is made by the Constitution) consist in the aggregate of forty-two members, choose directly most of the officers of the State; namely, the president of the republic, the members of both houses of Congress, and those of the respective provincial deputations. They also form separate lists of the individuals who, in their respective provinces, possess the essential qualities required for judges of the respective courts of justice. Each electoral college assembles at its respective provincial capital the first Monday of December of the years in which it is to exercise its appropriate functions. The Constitution provides that no im post shall be established under any pretext | which have not as yet, we believe, been Every year, in the month of January, the general accounts of the previous year shall be printed and published under the responsibility of the secretary of the treasury, with the verification of a council appointed by law to examine them. act as a The armed force is declared to be the defender of the State and the guardian of the public liberties, and to be essentially obedient and passive. No body of it can deliberative assemblage. It is divided into the (regular) army, the navy, and the civic guard. The mode of enlistment into the army, and the organization of the civic guard, is to be regulated by law. All laws at present in force, and not contrary to this Constitution, are by it declared to be in force until abrogated by new ones. Such are the principal features of the Constitution of this new republic. The organization contemplated by its provisions has mostly been put in operation, with the exception of the Justicias Mayores provincial or "county courts" The jurisprudence of the republic is based on the civil law. The French codes, civil and criminal, commonly known as the "Codes Napoleon," have been adopted in a body so far as they are applicable to the civil and political condition of the State and people. This system had been introduced by the Haytians, in the somewhat modified form in which they had adopted and published it; but, on the separation, the new republic replaced this Haytian digest by the original codes. These, together with such laws as the Congress may from time to time enact, form the body of their written laws. The practical operation of this constitutional form of government, the state of the republic, and of the agricultural interest under it-its financial resources and condition, and its position and prospects as an independent State, with other kindred topics, will form the subject of another article. S. A. K. IDIOMS AND PROVINCIALISMS OF THE ENGLISH LANGUAGE.* THE Anglo-Saxon or Germanic race, it is well known, constitutes the basis of the population of the United States. among whom they have sojourned, and many of their spoken words. The customs may linger for a short time and then disappear, but the words, in many cases, are engrafted upon our language. be To this we owe the enterprise, the vigor, the indomitable energy, the perseverance and love of liberty which characterize it. In a thousand snug spots in our very Frenchmen, Spaniards and Mexicans min- midst, and in countless out-of-the-way gle with us on our borders, and for a gen- nooks and corners, clans of nearly every eration or two may vary in a slight degree nation of Europe are settling themselves the main stock upon which they have down, bringing with them their own lanengrafted themselves, but the modifica-guage, manners and customs, which they tion is slight, and the second generation only lose as any soluble substance may exhibits no physical change. With lan- said to be lost in a glass of water, comguage the case is different. The English, pletely mixing with its heterogeneous it is true, triumphs, and like Aaron's rod, neighbor, and becoming one body by dis-. swallows all the rest, but the several na- tributing its own substance thoroughly tions alluded to on our borders, speaking and intimately. different languages, affect the English in Thus, our new settlers give their French, a greater or less degree, adding new words, Dutch, &c. to us in homoeopathic doses, which become permanent. In Canada is receiving in return our English in like found a French population. Missouri quantities, until after the lapse of a few and Louisiana also contribute their por-years the same language (English with tion of the Gallic race. Florida, Texas variations) is common to all. and Mexico preserve the remains of Spanish colonies, and the Indian tribes, now limited chiefly to our western frontier, make up the remainder. Into the domains of these several people our everinquisitive countrymen are perpetually making inroads, and mingling with the inhabitants; some prompted by the love of gain, but the majority by that laudable spirit of inquiry which cynics stigmatize as curiosity, and the love of adventure. Some of these remain and mingle with the foreign race, while others return, bringing with them some of the customs of those As such things are constantly taking place-these admixtures and adulterations not being confined to any one spot, but thanks to our shifting, migratory popula tion, taken up, carried to remote regions, and others again left in their places-it might be a curious and interesting question to the philologist to ascertain how much time would elapse ere our tongue would be as unintelligible to the denizens of our fatherland as that of France or Germany, were it not for two reasons. First, our universal system of commonschool education. Whether these primary Dictionary of Americanisms: A Glossary of Words and Phrases usually regarded as peculiar to the United States. By JOHN RUSSELL BARTLETT, Corresponding Secretary of the American Ethnological Society, &c. &c. New York: Bartlett & Welford. 1848 A Dictionary of Archaic and Provincial Words, Obsolete Phrases, Proverbs, and Ancient Customs, from the Fourteenth Century. By JAMES ORCHARD HALLIWELL, Esq., F. R. S. &c. &c. 2 vols. Lon don: John Russell Smith. 1848. Promptorium Parvulorum sive Clericorum, Lexicon Anglo-Latinum Princeps. Auctore Fratre Galfrido Grammatico Dicto e Predicatoribus Lenne Episcopi Northfolciensi. A. D. Crica, MCCCCXL. Olim e Pynsonianis editum nunc ab integro, commentariolis subjecta, ad fidum codicum recensuit ALBERTUS WAY. London: Camden Society. 17 VOL. III. NO. III. NEW SERIES. |