25 Surgeons, each 50 dollars per Month, and 2 rations per daytotal 19,562 dollars 50 cents. 42 Surgeons' Mates, each 30 dollars per Month, and 2 rations per Day-total 22,785 dollars. 30 Pursers, each 40 dollars per Month, and 2 rations per Day— total 19,875 dollars. 6 Chaplains, each 40 dollars per Month, and 2 rations per Day— total 3,975 dollars. Boatswains 13, Gunners 13, Carpenters 15, Sailmakers 11, each 20 dollars per Month, and 2 rations per day-total 21,970 dollars. Grand total, 432,889 dollars 75 cents. Proposed Organization of the Navy Yards and Shore Stations. Portsmouth, (N. H.) and Philadelphia, each 1 Captain, 1 Master Commandant, 1 Sailing Master, 1 Surgeon, 1 Purser, 2 Midshipmen, 1 Boatswain, 1 Gunner. New York, Boston, and Norfolk, each 1 Captain, 1 Master Commandant, 1 Lieutenant, 1 Sailing Master, 1 Surgeon, 1 Surgeon's Mate, 1 Purser, 3 Midshipmen, 1 Boatswain, 1 Gunner, 1 Sail Maker. Washington, same as the last, with the addition of 1 Laboratory, and the deduction of 1 Surgeon's Mate. South of the Chesapeake, 1 Captain, 1 Master Commandant, 1 Sailing Master, 1 Surgeon, 1 Purser, 2 Midshipmen, 1 Boatswain, 1 Gunner. Lake Ontario, 1 Master Commandant, 1 Lieutenant, 1 Surgeon, 1 Purser. Lake Erie and Lake Champlain, each same as Ontario, with the deduction of the Lieutenant. The Officers embraced by this organization of the Yards, with those included in the above Estimate, constitute the number proposed by the Bill. At the compensation proposed, the compensations of the above Officers of Yards will amount to ..... Dollars 84,750 00 To which add the amount of the above Estimate... 432,889 75 From which deduct the amount calculated for 3 Com modores who act as Navy Commissioners. . . Dollars 517,639 75 7,980 00 Dollars.... 509,659 75 ESTIMATE of the annual Expense of the Officers now on the Navy Register, calculated at full pay and rations, Nov. 1822. 9 Captains. 18 Ditto... Pay per Doll. 100 Rations 8 Amount per year. Doll. 23,940 34,740 ... 203 Lieutenants 40 30 40 149 Boatswains, Gunners, Car penters, Sail Makers, and 20 Masters' Mates Dollars. ..... 578,765 50 NOTE. The above Estimate is exclusive of the allowances made to Officers of the Yards, for fuel, candles, servants, and rent, which, if added to the Estimate, would increase it probably making the whole Estimate... ... Annual expense of full pay and rations to the Officers now on the Navy Register .... .. 598,765 50 Annual expense of full pay and rations to the Officers proposed by the Bill Difference in favor of the Bill 509,659 75 Dollars.... 89,105 75 ADDRESS of the Commission, on presenting the Project of Constitution to the Constituent Congress of Peru.-14th June, 1823. SIR, (Translation.) THE Commission appointed by Congress to prepare a Project of Constitution for the State, upon the basis already acknowledged by the People, are anxious to present the result of their labours, not only because they consider them worthy of the Sovereign sanction, but because they desire to report the fulfilment of their duty, and to satisfy the wish of the People, who are impatient for the day when their Representatives shall have attained the grand object for which they have been assembled. A more unfavourable moment than the present could scarcely have been found for effecting such a work with the meditation and seriousness which its importance demands. Struggling for Independence, or rather strenuously and continually contending for the soil in which it is to be planted, we find ourselves engaged in erecting an edifice, whilst we have at the same time to seek the materials with which it is to be constructed. How different to the fate of those Countries who have had to form their Constitutional Charter within the secure bulwark of domestick tranquillity, not enjoyed by Peru, whose birth in the Political World, and whose efforts to free itself from tyranny, have been simultaneous! This, however, is the inevitable destiny of Nations, which, breaking asunder the ties of ancient dependency, are firmly resolved to exist for, and by, themselves alone. The spirit of National Independence, resulting from individual sentiment, directs the popular wish towards the dissolution of the social mass; and the emotion occasioned by the suggestions which occur to every one's mind, in the contemplation of his natural pre-eminence, causes order to be succeeded by anarchy; leaving the State in danger of becoming a prey, either to the most adventurous, or to the most powerful. Who then can reconcile such discordant elements, or rather, let us ask, who then can circumscribe their limits? That which they before possessed has vanished, whilst the original object in view is no longer to be seen. The only legitimate and efficient authority for consolidating Political Associations must be derived from the spontaneous will of those who constitute them; in like manner as the direction of the Supreme Being is alone effectual in regulating the Heavenly Bodies. Legitimacy and efficiency, when, in the nature of things, a Revolution is justifiable, where a Community has become weary of seeing its rights invaded, dissolve at last the compact, and reform it on a basis calculated to guarantee those rights: a consideration of itself sufficient to induce the members of it to sacrifice their fortunes, and even existence, if necessary, in their support. The rest is purely accidental. And if the history of Political Reformations exhibits some of a different character, we are well aware, that their power has been ephemeral, and that a Government whose foundation is not laid in the good will, approbation, and confidence of the Nation, however great its efforts, will never be firmly established. On the theatre of recent conflicts, still agitated by Parties, it is not possible thus early to satisfy the general wish, by fixing the basis of a permanent Administration; for a People once undeceived will not retrace its former path. In those fortunate Countries, where the spirit of Independence and Liberty is concentrated in the pledges of the popular representation, we have, however, soon beheld the work of emancipation perfected, and the administrative government consolidated. Until the Fundamental Laws are established in a Country, all must be precipitation and confusion; or, to speak more plainly, a state, more or less, of anarchy must exist, since it is an indispensable preliminary to order, that certain fixed principles, from which proceed regularity in general, as well as precision in the limitation of authority and of civil rights, be recognized. Such being the condition in which Peru was found at the period of its regeneration, and such the necessity of a Fundamental Law, the Provisional Government judged it expedient to convene a meeting of Congress, to whose wisdom it referred the formation of Laws suitable to the political existence of the People whom it represents. The Commission will now proceed to submit a brief analysis of their Project. The Constitution of a Country being merely a consolidation of the Primary Laws which are to fix its form of Government, according to the principles of a Social Compact, for the public welfare, it should be confined to those matters which are necessary to the fulfilment of that object; so that the organization thereof shall proceed in such order, that, comprising within it the rights, obligations, and attributes of the Citizens and National Authorities respectively, the same may be divided into as many parts as its nature will seem to admit. The Commission, therefore, commence by forming the Nation, or, what is equivalent thereto, by organizing its primitive elements. And, presuming on a correct description of the Nation, it will next be most opportune to form the Government, in all its attributes and dependencies; and, lastly, to appoint the means requisite for its establishment; otherwise the Fundamental Laws will be no better than mere theories. The Constitution will then be reduced to three principal points, which, agreeably to the nature of their object, will be composed of as many other parts or sections; that is to say; first, the Nation; secondly, the Government; and, thirdly, the means of preserving it: each Section giving an origin to its dependant Chapters, and the latter to their respective Articles. The Peruvian Nation, which signifies all Peruvians, united as one family, and which, in consequence of the general wish, has been separated from the Spanish dominion, is, from circumstances of a local nature, composed of distinct divisions, which the former Government denominated Provinces, and subjected to the authority of a Viceroy. Notwithstanding their distance apart, their inclinations and interests are united, with respect to rights which belong in common to all, are authorized by nature, and dictated by reason; forming, thus connected, one body, determined to resist any aggression for the purpose of subjugating or dividing it. It is unnecessary on this occasion to mention the principle of Independence, inasmuch as it is recorded in the first transactions of liberated Peru, which have been solemnly ratified by the National Representation, and because the necessity for it is acknowledged by all who do not substitute caprice for justice. These bases being admitted, they proceed to declare, that the Sovereignty is essentially vested in the Nation, and its administration in the Magistrates to whom it delegates its Powers. It is understood, that the Sovereignty, that is to say, the Supreme Power, includes within it all those who are members of Society, provided they acknowledge the grounds of the Social Compact: in other words, it comprehends all the authorities, recognized by the Constitution; it is consequently paramount to all Law, and is inherent to, and inseparable from, the Community; it is also understood that, after having acknowledged and sworn to the Constitutional Act, it remains only for the Nation religiously to observe it. Were it otherwise, the advantages of a Constitution would not be obtained; the establishment of a Government would be unavailing, and the deliberations of Representatives useless; the Nation, or its Representatives, would alone decide, and, by constantly changing the Articles of the Fundamental Law, there would be two Powers acting simultaneously: one, the Nation, or the Citizens; the other, the Body to which it had delegated its functions. The result would be confusion, chaos, and anarchy. If a party of the People, or a single Citizen, were to attempt to represent the Nation, either would undoubtedly arrogate, not only the actual Sovereignty, but its primitive attribute, which, it is obvious, the People cannot relinquish, except by delegation to Representatives, specially appointed for the sole purpose of revising and modifying the Fundamental Law. If the primitive Sovereignty belongs exclusively to the Nation, the Law alone is Sovereign, its Administration being constituted and organized in the most suitable manner. And, since it cannot officiate by itself, it must be personified by Magistrates, as its Agents, and Administrators of the high powers invested in them by the general voice; the Citizens not intermeddling in their duties, but conforming to the Laws, agreeably to the forms of the Representative System. These principles, considered with reference to the National Authority, lead to the insertion of Articles IV. and V., which define the indispensable requisites for Representatives of the Nation, and describe the inviolable conditions of their Compact, and the reciprocity of their duties. Men surrender a portion of their rights, or compromise themselves to obedience, with the object of preserving the remaining part, and, with it, their freedom: a sacred residue, which no one shall, even were he so inclined, resign; not so much on account of its own importance, as of the nature of things which essentially equalizes and will not admit of the superiority of one over another. The limits of the National Sovereignty should, therefore, be confined to a sphere, the trespassing beyond which will be an invasion of the rights of Individuals. |