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CHAPTER V.-CONSTITUTIONAL GUARANTEES.

CXCIII. Although the social and individual Privileges of Peru. vians are described in the organization of this Fundamental Law, the following are nevertheless declared inviolable :

1. Civil Liberty.

2. Security of Person and Domicile.

3. Property.

4. The inviolability of Letters.

5. The Right of every one to present Petitions or Appeals to Congress, or to the Government.

6. The reputation or fame of every Individual, unless declared a Delinquent by the Law.

7. The Freedom of the Press, as regulated by the Law.

8. The liberty of Agriculture, Industry, Commerce, and Mining, in conformity with the Law.

9. Equality in the eye of the Law, whether it rewards or punishes. CXCIV. All Peruvians may claim the use and exercise of these Privileges, and it is the duty of the Authorities to respect them, and to cause them to be scrupulously maintained, by every means within the sphere of their attributes.

Given in the Hall of the Sessions, in Lima, the 12th of November, in the Year of our Lord, 1823, 4th of Independence, and 2d of the Republick.

[Signatures of Deputies.]

Wherefore we command all Peruvians belonging to the Republick, of whatever class and condition, to have and to keep the said Constitution as a Fundamental Law of the Republick; and we also command all Tribunals, Justices, Chiefs, Governors, and other Authorities, as well Civil and Military as Ecclesiastic, of whatever class and dignity, that they keep and cause it to be kept, fulfilled, and executed in all its parts. The Minister of State for the Department of Government and exterior Relations shall give all necessary orders for its fulfilment, causing it to be printed, published, and circulated; of which he shall make Report.

Palace of Government, in Lima, 12th November, 1823. 4°. 2o.
JOSE BERNARDO TAGLE.

By Order of His Excellency,

JUAN DE Berindoaga.

PROCLAMATION on the First assembling of the Constituent Congress of Peru, 20th November, 1823.—(Translation.)

THE CONSTITUENT CONGRESS OF PERU TO ALL THE PEOPLE OF THE REPUBLICK.

THE day has arrived when, in the enjoyment of the most precious fruit of Independence, you see your wishes accomplished. You are constituted; and every page of the Volume presented to you will afford unquestionable proof of the intentions of its Authors. You will therein discover whether they have exhibited an ardent zeal to establish your liberties, or an ambitious project of turning to their own advantage the Post to which you spontaneously raised them. People of Peru! in whose respected opinion truth and justice only should triumph, it is for you to decide on the conduct of your Representatives, who rely upon your impartial judgment and good faith, in the investigation of their acts, and on your accurate recollection of the circumstances under which they were assembled.

Difficulties and dangers surrounded us on every side. Look back towards the Temple of Janus, which was open nearly throughout the vast extent of the Republick, and you will behold disasters which gave pride and power to the Enemy, but brought constancy to you, and occasion for fresh and continued sacrifices: look towards our Exchequer, and you will find it so exhausted, that it is incredible that, in less than a year, four large Expeditions have been sent to the South, and three others prepared for the interior Provinces, and that an Army has been maintained such as had never before been in Peru. If, in order to console yourselves amidst such an unfortunate state of things, you look back to happiness within your dwellings, desiring to gratify your sight with the virtue, union, and patience, (so intimately connected with their true interests) which reigned amongst the Citizens, you will be shocked to see the torch of discord lighted, the chain of seduction fastened around their necks, and their hands armed with the bloody poniard of Anarchy: if, in short, you expect to find the sanctuary of the Laws inviolate, and tranquillity following its decrees, you will be deceived; for you will then behold that your Majesty was insulted by the dissolution of the Congress, the lips of its members sealed by force, and their privileges treacherously violated, only because they had the courage to be your defenders.

In the midst of these dreadful difficulties, however, the National Representation, like a strong oak, which the most furious tempests are unable to remove, has succeeded in accomplishing its task, and has this day attained the eminent glory of presenting to you a Constitution, which, if not the production of wisdom, is at least the offspring of a most sincere attachment to the preservation of your sacred Rights.

It definitively expounds the great Compact of your Association; and, whilst it establishes the reciprocity of civil obligations, ensures the exercise of your natural prerogatives, and denies the imperative

character of Law to whatever resolutions may be incompatible with them. The power of electing the Supreme Magistrate of the Republick, the almost immediate influence in the appointment of the Members of the Administration, the satisfaction of knowing that the highest Offices are within the reach of Citizens of the smallest Village, and the total extinction of hereditary pretensions and privileged orders, are so distinctly explained in the Act, that no one can confound them without incurring your just indignation. Lastly, the sources of learning and prosperity are opened. All should participate in the rays of light which scientific Establishments diffuse. The advantages of Commerce, Agriculture, and Industry, are withheld from no one: and the innate power of giving utterance to thoughts, of handing them down to posterity, of strengthening thereby the public spirit, and of receiving the praise due to merit, are ensured on such solid bases, that their stability equals the purity of the foundation on which they are erected.

It rests with yourselves, therefore, to render these sources of felicity effectual; which desired object you will attain, by examining with assiduity the Fundamental Catalogue in which they are inscribed; by estimating your Rights according to the exact meaning of the Laws: and by maintaining them with the dignity of Freemen, united against the sacrilegious hands that might dare to subvert them. Is it possible, unless you wish it, that a miserable Tyrant, supported by a few bayonets, can oppress you? As well might it be said that a part is greater than the whole, or that a single soldier is more powerful than an Army. Laws are, nevertheless, necessary; without them the name of a Republick would have no meaning: and, instead of moderation, valour, obedience to the Laws, love of liberal institutions, and a pure and exalted patriotism, your hearts would be divided by a spirit of contention, cowardice, immorality, servility, and indolence, even to the destruction of the Country. Great sacrifices must be made before a Nation can govern itself; and difficult is the path which conducts it to the object of its wishes. All is, however, practicable, if you determine to give the World an example, and to shew it, that although you may have been the last Country of America to declare your Independence, you are not the last in establishing it by your virtues; and the generosity and efforts of powerful Allies, under the direction of the Genius of America, will consummate the great work of your emancipation.

If you reap the benefits of this Constitution, the labours of the Congress will be amply repaid, the persecutions endured by your Repre sentatives will have been for a good purpose, and all their wishes will be gratified. The God of truth is witness of these vows!

Hall of Congress in Lima, 20th November, 1823.

MANUEL SALAZAR Y BAGUIJANO, President.

MANUEL MUELLE, Deputy Secretary.

MIGUEL OTERO, Deputy Secretary.

CONVENTION between Portugal and Spain, for the mutual Restitution of Criminals, Deserters, and Refugees. Signed at Madrid, 8th March, 1823.

SUA Magestade Fidelissima o Senhor Dom João VI. Rei do Reino Unido de Portugal, Brasil, e Algarves, e Sua Magestade Catholica o Senhor Dom Fernando VII. Rei das Hespanhas, igualmente desejosos de contribuir cada um por Sua parte para o socego de ambos os Reinos, evitando, que os Criminosos, Dezertores, e Transfagas dos individuos comprehendidos no alistamento Militar, que pertenderem refugiar-se de um para outro Reino, encon. trem couto e asylo, aonde postão retirar-se impunemente; Determinárão estabelecer a reciproca entrega dos que assim intentarem subtrair-se ao castigo, ou livrar-se do Serviço Militar: E havendo nomeado Seus Plenipotenciarios ad hoc; a saber: Sua Magestade Fidelissima a Jacob Frederico Torlade Pereira de Azambuja, Official da Secretaria de Estado dos Negocios da Marinha, e seu En. carregado de Negocios junto a Sua Magestade Catholica, etc.; E Sua Magestade Catholica, a Santiago Usoz y Mosi, Secretario de Sua Magestade, com exercicio de Decretos, Official Maior da Secretaria do Despacho d'Estado, etc. os quaes depois de se haverem communicado, em devida fórma, os seus Plenos Poderes, convierão e ajustárão entre si os Artigos seguintes:

(Translation.)

HIS Most Faithful Majesty Don John VI. King of the United Kingdom of Portugal, Brazil, and Algarves, and His Catholick Majesty Don Ferdinand VII. King of the Spains, being equally desirous, each on His own part, of contributing to the tranquillity of both Kingdoms, by preventing Criminals, Deserters, and Refugees, of the Individuals comprehended in the Military Enlistment, from finding a retreat and an asylum, to which they might retire with impunity by flight from the one Kingdom into the other, have determined to establish the reciprocal giving up of such as shall thus attempt to escape from punishment, or to withdraw themselves from Military Service: And having named Their Plenipotentiaries ad hoc; that is to say, His Most Faithful Majesty, Jacob Frederico Torlade Pereira de Azambuja, Secretary in the Department of State for Naval Af fairs, and His Chargé d'Affaires at the Court of His Catholick Majesty, &c. And His Catholick Majesty, Santiago Usoz y Mosi, Secretary to His Majesty, with exercise of Decrees, Principal Secretary of the Department of State for the Despacho, &c. Who, after communicating to each other, in due form, their Full Powers, have agreed upon, and adjusted between them, the following Ar

ticles:

ART. I. Todos os Desertores, Recrutas, ou Moços alistados para o Serviço Militar de Portugal ou de Hespanha, que forem reclamados como taes pelo seu respectivo Governo, quer seja immediatamente, quer seja pelas Authoridades Supremas das Provincias limitrofes, serão reciprocamente entregues ás Authoridades que os reclamarem.

II. Do mesmo modo se entregarão, de parte a parte, todos os Réos processados e condemnados no seu respectivo Paiz, devendo o Governo em cujo territorio elles tiverem vindo procurar asylo, segurar-se delles até verificar a sua entrega: e pelo que respeita aos Réos processados, e não condemnados, que se refugiarem de um a outro Reino, e forem reclamados pelo seu respectivo Governo, deverão estes ser postos em conveniente custodia, até que terminada e decidida a sua causa, se conheça se elles devem ou não ser entregues.

III. Por identidade de razão se farão ás pessoas a quem e aonde cumprir os interrogatorios, que os Juizes da Causa deprecarem que se fação aos mesmos Réos, observando-se a todos estes respeitos, entre as Authoridades Portuguezas e Hespanholas, a mesma correspondencia, e mutua prestação de officios judiciaes e extrajudiciaes, que pelas Leis de cada um dos Paizes se costumão prestar ás proprias Authoridades.

IV. Sendo de recear, que partidas de Facciosos, passando a Raia

ART. I. All Deserters, Recruits, or Young Men enlisted into the Military Service of Portugal or Spain, who shall be claimed as such by their respective Government, either directly, or by the Supreme Authorities of the bordering Provinces, shall be reciprocally given up to the Authorities so claiming them.

II. In like manner shall be given up on both sides, all Criminals proceeded against and condemned in their respective Country; and the Government within whose Territory they shall have sought refuge, shall secure such Persons until their delivering up shall be effected: And with respect spect to Criminals proceeded against, but not condemned, who shall fly from the one Kingdom to the other, and who shall be claimed by their respective Government, they shall be placed under proper custody until the completion of their trial shall determine whether or not they are to be given up.

III. For identical reasons, Persons becoming subject thereto, shall be made to undergo such interrogatories as the Judges of the Cause shall require to be put to the said Criminals, and in such place as they shall determine; the Portuguese and Spanish Authorities observing amongst themselves, in all respects, the same correspondence and interchange of assistance, judicial and extrajudicial, as by the Laws of each Country is usually afforded to its own Authorities.

IV. There being reason to fear that Parties of factious People,

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