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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 diguity, 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. 4o. 2o.

JOSE BERNARDO TAGLE. By Order of His Excellency,


PROCLAMATION on the First assembling of the Constituent

Congress of Peru, 20th November, 1823.—(Translation.)


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 MUELLE, Deputy Secretary.
MIGUEL OTERO, Deputy Secretary.

CONVENTION between Portugal and Spain, for the mu

tual Restitution of Criminals, Deserters, and Refugees. Signed at Madrid, 8th March, 1823.

(Translation.) Sua Magestade Fidelissima o His Most Faithful Majesty Don Senhor Dom João VI. Rei do John VI. King of the United Reino Unido de Portugal, Brasil, Kingdom of Portugal, Brazil, and e Algarves, e Sua Magestade Ca- Algarves, and His Catholick Matholica o Senhor Dom Fernando jesty Don Ferdinand VII. King of VII. Rei das Hespanhas, igual. the Spains, being equally desirous, mente desejosos de contribuir each on His own part, of contricada um por Sua parte para o so- buting to the tranquillity of both cego de ambos os Reinos, evitando, Kingdoms, by preventing Crimique os Criminosos, Dezertores, e nals, Deserters, and Refugees, of Transfagas dos individuos com. the Individuals comprehended in prehendidos no alistamento Mili- the Military Enlistment, from findtar, que pertenderem refugiar-se ing a retreat and an asylum, to de um para outro Reino, encon. which they might retire with imtrem couto e asylo, aonde postão punity by flight from the one retirar-se impunemente; Deter- Kingdom into the other, have deminárão estabelecer a reciproca termined to establish the reciproentrega dos que assim intentarem cal giving up of such as shall subtrair-se ao castigo, ou livrar-se thus attempt to escape from pudo Serviço Militar: E havendo nishment, or to withdraw themnomeado Seus Plenipotenciarios selves from Military Service: And ad hoc; a saber: Sua Magestade having named Their PlenipotenFidelissima aJacob Frederico Tor- tiaries ad hoc ; that is to say, His lade Pereira de Azambuja, Offi- Most Faithful Majesty, Jacob cial da Secretaria de Estado dos Frederico Torlade Pereira de Negocios da Marinha, e seu En. Azambuja, Secretary in the Decarregado de Negocios junto a partment of State for Naval Af- . Sua Magestade Catholica, etc.; fairs, and His Chargé d'Affaires at E Sua Magestade Catholica, a the Court of His Catholick MaSantiago Usoz y Mosi, Secretario jesty, &c. And His Catholick Made Sua Magestade, com exercicio jesty, Santiago Usoz y Mosi, Sede Decretos, Official Maior da cretary to His Majesty, with exSecretaria do Despacho d'Estado, ercise of Decrees, Principal Se. etc.: os quaes depois de se have- cretary of the Department of rem communicado, em devida fór- State for the Despacho, &c. Who, ma, os seus Plenos Poderes, con

after communicating to each other, vierão e ajustárão entre si os

in due form, their Full Powers, Artigos seguintes:

have agreed upon, and adjusted between them, the following Articles:

ART. I. Todos os Desertores, Art. I. All Deserters, Recruits, Recrutas, ou Moços alistados para or Young Men enlisted into the o Serviço Militar de Portugal ou Military Service of Portugal or de Hespanha, que forem recla- Spain, who shall be claimed as mados como taes pelo seu respec- such by their respective Governtivo Governo, quer seja imme- ment, either directly, or by the diatamente, quer seja pelas Au- Supreme Authorities of the borthoridades Supremas das Pro- dering Provinces, shall be recivincias limitrofes, serão recipro- procally given up to the Authoricamente entregues ás Authori- ties so claiming them. dades que os reclamarem.

II. Do mesmo modo se entre- II. In like manner shall be garão, de parte a parte, todos os given up on both sides, all CrimiRéos processados e condemnados nals proceeded against and conno seu respectivo Paiz, devendo o demned in their respective CounGoverno em cujo territorio elles try; and the Government within tiverem vindo procurar asylo, se- whose Territory they shall have gurar-se delles até verificar a sua sought refuge, shall secure such entrega : e pelo que respeita aos Persons until their delivering up Réos processados, e não condem- shall be effected: And with renados, que se refugiarem de um a spect to Criminals proceeded outro Reino, e forem reclamados against, but not condemned, who pelo seu respectivo Governo, de- shall fly from the one Kingdom to verão estes ser postos em con- the other, and who shall be claimed veniente custodia, até que ter- by their respective Government, minada e decidida a sua causa, se they shall be placed under proper conheça se elles devem ou não custody until the completion of ser entregues.

their trial shall determine whether

or not they are to be given up. III. Por identidade de razão III. For identical reasons, Perse farão ás pessoas a quem e aonde sons becoming subject thereto, cumprir os interrogatorios, que shall be made to undergo such os Juizes da Causa deprecarem interrogatories as the Judges of que se fação aos mesmos Réos, the Cause shall require to be put observando-se a todos estes res- to the said Criminals, and in such peitos, entre as Authoridades Por- place as they shall determine; tuguezas e Hespanholas, a mesma the Portuguese and Spanish Aucorrespondencia, e mutua presta- thorities observing amongst themção de officios judiciaes e extra- selves, in all respects, the same judiciaes, que pelas Leis de cada correspondence and interchange um dos Paizes se costumão pres- of assistance, judicial and extratar ás proprias Authoridades. judicial, as by the Laws of each

Country is usually afforded to its own Authorities.

IV. There being reason to fear tidas de Facciosos, passando a Raia that Parties of factious People,

IV. Sendo de recear, que par

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