ment, every 5 Years, on the data afforded bythe Municipalities, and to transmit the same to the Senate.

3. To promote the interests of the Department in all its branches, and especially those of Agriculture, Industry, and Mining.

4. To superintend Publick Instruction, and Religious and Charitable Establishments.

5. To watch over the application of the Publick Revenue; and to apportion the Taxes to be levied in the Department.

6. To propose 3 Persons to the Senate for their selection of an Individual for the Political Government of the Districts, and Provinces of the Department.

7. To transmit to the Senate annually, a List of Persons in the Department eligible for Publick Employments.

8. To report annually to the Senate on the means and measures necessary to the prosperity of the Provinces; rendering an account of what they have done in execution of their functions, and of what remains to be done.

9. To transmit to the Senate the Names of 3 Citizens eligible for the Office of President of the Republick.

CXXXVI. A Member of this Junta must possess the same qualifications as are required for a Deputy.

CXXXVII. The same number of Substitutes and Proprietors shall be elected in each Departmental Junta.

CHAPTER X.-MUNICIPAL POWER,

CXXXVIII. Every Community, whatever be its Population, shall have a Municipality, composed of one or more Alcaldes, Regidors, and one or more Syndics; there shall not, however, be less than 2, nor more than 16 Regidors, nor more than 2 Alcaldes or Syndics.

CXXXIX. These Functionaries shall be elected by Parochial Electoral Colleges, and one half of them renewed annually, according to the respective Regulation.

CXL. The attributes of the Municipal Power extend to :

1. The preservation of tranquillity.

2. Publick Instruction.

3. Charity.

4. Health and Security.

5. Utility, Ornament, and Recreation.

CXLI. It is also the duty of Municipalities:

1. To apportion the Taxes or Loans to be raised within their Territory.

2. To draw up Municipal Regulations for the Inhabitants, and to transmit them, through the medium of the Departmental Junta, for the approval of Congress.

3. To promote Agriculture, Industry, Mining, and whatever may be conducive to the local interests of the Population.

4. To report annually to the Departmental Junta what they shall have done in conformity with their attributes, or what they recommend to be done, with the grounds for that recommendation.

CXLII. Alcaldes are Justices of the Peace in their respective Communities, and in populous Towns the Regidors shall also exercise that Office.

CXLIII. Justices of the Peace shall take cognizance of Oral Complaints, of Civil Causes of small amount, and of Criminal ones relating to trifling injuries or slight offences, which merit only a moderate punishment.

CXLIV. To be an Alcalde, Regidor, or Syndic, it is necessary: 1. To be in the exercise of Citizenship.

2. To be 25 Years of Age.

3. To be a Native of the Place, or to have been established there 10 Years immediately prior to his being elected.

4. To be of good character.

CXLV. No Person employed by the Financial Department can hold a Municipal Office.

CXLVI. No Citizen shall decline such Office.

CXLVII. Each Municipality shall have a Secretary and a Treasurer, elected by an absolute majority, whose Salaries shall be paid out of the Funds at its disposal.

SECTION III.-ON THE MEANS OF SUSTAINING THE GOVERNMENT.

CHAPTER I.-PUBLICK REvenue.

CXLVIII. The Income and Proceeds which, agreeably to the Constitution and Laws, belong to the State, constitute the Publick Revenue.

CXLIX. The Estimate of the Publick Expenditure shall regulate the ordinary Contributions; in the mean time an Income Tax shall be levied. Care shall always be taken to improve the Revenue by the encouragement of productive resources, in order, as much as possible, to diminish Taxation.

CL. The general Administration of the Revenue belongs to the Minister of Finance.

CLI. The Minister of Finance shall present to the Government, annually, in order to their being submitted to Congress: 1st. The Organic Plans of Finance, generally, and of the Departments in particular. 2d. An Estimate of Expences necessary for the service of the Republick. 3d. The Plan of ordinary Contributions to cover

them. 4th. The Plan of extraordinary Contributions to discharge the National Loans, and the Interest upon them.

CLII. An Accomptant-General's Office, with a Chief, and the necessary Clerks, shall be established in the Capital of the Republick, wherein all the Accounts, relating to the produce and application of the Revenue, shall be examined, explained, and passed.

CLIII. A General Treasury shall also be established, composed of an Accomptant, a Treasurer, and the necessary Clerks, into which Office all the produce of the Revenue shall be paid.

CLIV. A Financial Law shall regulate these Offices, and those which may be necessary under their controu!; and shall fix the attributes, preferment, number, and responsibility, of the Persons employed, and the mode of rendering and liquidating the Accounts.

CLV. Monopolies are abolished throughout the Republick.

CLVI. Custom-houses shall be established at the Sea Ports and on the Frontiers, and shall be regulated so as to combine their due administration with the interest of the State, and the Publick Service.

CLVII. Interior Custom-houses shall be abolished so soon as the

same shall have been resolved upon by Congress.

CLVIII. A General Bank shall be established in the Capital of the Republick, for the exchange of Gold and Silver, and the business of Mining.

CLIX. Banks of Exchange shall be established in the principal Mining Districts, for the convenience of Miners, and for facilitating the prompt extraction and working of the Metals.

CLX. A special Regulation shall settle all that relates to these Establishments.

CLXI. The Nation recognises the Publick Debt, and the payment of it is pledged on the National Honour, to which end Congress will decree what may appear necessary in this most important matter.

CLXII. The Contributions shall be levied equally and proportionably, without exception or privilege whatever.

CLXIII. The salaries of the Functionaries of the Republick shall be paid out of the Revenue, and shall be regulated by a particular Decree, with reference to the responsibility and nature of their Employments or Stations.

CHAPTER II.-ARMED FORCE.

CLXIV. A permanent Armed Force is necessary to the defence and security of the Republick.

CLXV. The Armed Land Force consists of the Troops of the Line, the Civic Militia, and the Police Guard.

CLXVI. The Troops of the Line are to defend the exterior security of the Republick, and shall be employed wherever that may be menaced.

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 Robbers, 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.