CLXVII. They cannot be employed, in the event of any revolt in the interior of the Republick, without the previous consent of Congress, or, during its recess, of the Senate.

CLXVIII. The Civic Militia is to preserve the Publick tranquillity within the limits of its particular Province.

CLXIX. It cannot proceed beyond those limits, except in the case of a revolt in other Provinces adjoining its Department, or in case of Invasion.

CLXX. The previous consent of Congress, or during its recess, of the Senate, must in such cases be obtained.

CLXXI. The Duty of the Police Guard is to protect personal safety, to clear the Roads of Robers, and to pursue Offenders under the Orders of the Local Authorities.

CLXXII. This Guard cannot be employed on any other service, except in the case of open Revolt, or Invasion, when the consent of Congress, or during its recess, of the Senate, must have been previously given.

CLXXIII. Congress will annually decide upon the Number of Troops of the Line which may be necessary, and on the most convenient mode of raising them.

CLXXIV. The Ordinances to be issued by Congress will settle all that relates to the organization of the abovementioned Bodies, to Military Preferment, and to the discipline and economical regulation of the Army.

CLXXV. The Officers of the Army and Navy shall be educated and instructed in the Military Schools or Colleges to be established for

that purpose.

CLXXVI. The Civic Militia shall be organized according to the Population and local circumstances of the Province.

CLXXVII. A Police Guard of sufficient strength shall be raised in the Departments where it may be required.

CLXXVIII. Congress will fix, annually, the number of Ships of War which it may be necessary to keep armed.

CLXXIX. A Soldier is a Citizen armed in the defence of the Republick, and this condition recommends him especially to the gratitude of his Country; the abuse of it, against Liberty, will render him execrable in the eyes of the Nation, and of every Citizen.

CLXXX. No Peruvian can be excused from Military Service, when lawfully required for that duty.

CHAPTER III.-PUBLICK EDUCATION.

CLXXXI. Education is necessary to all, and is due, without exception, to every individual in the Republick.

CLXXXII. The Constitution guarantees that obligation, in favour: 1. Of Establishments of Primary Instruction, the Sciences, Literature, and the Arts.

2. Of Rewards, given on account of industry and extraordinary progress.

3. Of Scientific Institutions, whose Members enjoy competent Salaries for life.

4. Of the Freedom of the Press, which shall be regulated by a particular Law.

5. Of an inviolable property in intellectual discoveries.

CLXXXIII. Publick Education, in all its branches, will depend upon the general plans and regulations to be decreed by Congress.

CLXXXIV. Every Population in the Republick is entitled to the Establishments of Instruction suitable to its wants. Universities shall be established in the Capitals of Departments, and Schools of primary Instruction in the smallest Villages, wherein the catechism of the Catholick Religion shall be taught, and a brief exposition given of moral and civil duties.

CLXXXV. A Board of Education shall be established in the Capital of the Republick, composed of Persons of acknowledged learning, who shall have the superintendence of Publick Instruction, under the authority of the Government and the special inspection of the Senate.

CHAPTER IV.-OBSERVANCE OF THE CONSTITUTION.

CLXXXVI. It shall be the first duty of Congress, immediately after the opening of the Session, to enquire into the infractions of the Constitution which may have been committed, in order to decree what shall be necessary to bring the Offenders to justice.

CLXXXVII. Any Peruvian may demand the fulfilment of the Constitution, before Congress, the Executive Power, or the Senate, and may represent the infractions of it which may have come to his knowledge.

CLXXXVIII. All Publick Functionaries, without exception, on entering Office, shall take the Oath of Fidelity to the Constitution, and promise faithfully to perform the duties which devolve upon them in virtue of it.

CLXXXIX. The President of the Republick, of the Supreme Court of Justice, and of the Senate, shall be sworn in the presence of the Congress; and the Bishops in that of their respective Chapters.

CXC. All other Functionaries shall be sworn before the proper Authorities, according to the Department to which they belong.

CXCI. This Constitution shall be subject to the Ratification or Amendment of the General Congress, to be composed of Deputies from all the liberated Provinces, and from those not in possession of the Enemy on the termination of the War.

CXCII. The Powers of the Deputies must contain a special Clause, to authorise them to assist in the Ratification or Amendment mentioned in the preceding Article.

CHAPTER V.-CONSTITUTIONAL GUARANTEES.

CXCIII. Although the social and individual Privileges of Peruvians 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.

[Signature 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°. 2°. 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 Representatives 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.