constitución de 1824 de la república federal de centroamérica

7/28/2019 Constitucin de 1824 de la Repblica Federal de Centroamrica

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CONSTITUTION OF THE FEDERAL REPUBLIC OF CENTRAL

AMERICA

DECREED BY THE NATIONAL CONSTITUENT ASSEMBLY, THE 22 OF NOVEMBER,

1824

In the name of the Supreme Being, Author of all Societies, and Legislator of theUniverse:

WE, the Representatives of the Nation of Central America, assembled in a NationalConstituent Assembly, in compliance with their desire, and in exercise of their SovereignRights; in order to promote their felicity, to ensure to them the greatest possibleenjoyment of their Privileges; to uphold the rights of the Man and the Citizen, upon theunalterable principles of Liberty, Equality, Security, and Property; to establish PublicOrder, and to form a perfect Confederation; Decree the following Constitution.

TITLE I

OF THE NATION AND ITS TERRITORY

SECTION I

OF THE NATION

Article 3. The Nation of the Federal Republic of Central America, is Sovereign andIndependent.

Article 2. The essential and first object of the Sovereignty, is, the preservation of

Liberty, Equality, Security, and Property.

Article 3. All the Inhabitants of the Republic form the Nation.

Article 4. It is their duty to obey and respect the Law; to serve and defend the Countrywith Arms, and to contribute, proportionably, towards the Public Expenses, withoutprivilege or exemption.

SECTION II

OF THE TERRITORY

Article 5. The Territory of the Republic is the same before comprised in the former

Kingdom of Guatemala, with the exception of the Province of Chiapas

Article 6. The Federation is at present composed of five states viz: Costa Rica,Nicaragua, Honduras, El Salvador and Guatemala; the province of Chiapas shall beconsidered as a State in the Federation when she freely joins it.

Article 7. The demarcation of the territory of the States shall be made by aConstitutional Law, taking into consideration the necessary data.


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TITLE II

CONCERNING THE FORM OF GOVERNMENT, RELIGION AND CITIZENS

SECTION I

OF THE FORM OF GOVERNMENT AND RELIGION

Article 8. The Government of the Republic is popular, representative and federal.

Article 9. The Republic shall be denominated Federation of Central America.

Article 10. Each one of the states that comprise it is free and independent in itsgovernment and interior administration; all powers are bestowed upon them which bythe constitution are not conferred upon the federal authorities.

Article 11. Its religion is the Apostolic Roman Catholic, to the exclusion of the publicexercise of any other.

Article 12. The Republic is a sacred asylum for all foreigners and the country of all whowish to reside in its territory.

SECTION 2

OF THE CITIZENS

Article 13. Every man is free in the Republic. He who enjoys the protection of its lawscannot be a slave, nor can he who traffics in slaves be a citizen.

Article 14. Citizens are all the inhabitants of the Republic born in the country ornaturalized in it who are married or over eighteen years of age, so long as they exercise

some useful profession or have recognized means of subsistence.

Article 15. The Congress shall grant letters of naturalization to foreigners who express tothe Local Authority their wish to settle in the Republic in consideration: 1. Of importantservices rendered to the Nation and designated by the Law. 2. Of any useful Invention,and the introduction of any science, art, or trade not yet established in the Country, orthe notable improvement of any branch of industry, already known. 3. Of a residence offive years. 4. Of a residence of three years to those who come to settle with theirfamilies; who marry in the Republic; or who acquire a real estate, of the value anddescription required by Law.

Article 16. Children born of Citizens of Central America, in Foreign Countries, shall be

considered as Natives, should their Parents be in the service of the Republic, or theirabsence not have exceeded five Years, and it have been with the permission of theGovernment.

Article 17. Spaniards, and all Foreigners whatever, who were settled in any Part of theTerritory of the Republic, at the time of the Proclamation of its Independence, and havesworn to it, shall be considered as naturalized.


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Article 18. Persons born in the Republics of America, who come to settle in theConfederation, shall be considered as naturalized in it, from the moment in which theirintention shall be made known to the Local Authority.

Article 19. Citizens of one State may exercise the rights of Citizenship in any of theStates of the Confederation.

Article 20. Persons shall lose the character of Citizens, 1 . Who enter the service of, oraccept pensions, rewards, or hereditary or personal titles, from another Government,without the permission of Congress. 2. Who are convicted of offences, which subjectthem by Law to more than correctional punishment; should they not have obtained apardon.

Article 21. The rights of Citizenship shall be suspended: 1. For having been subject to aCriminal Process, in which a Writ of Arrest has issued, for Crimes, meriting, by Law,more than correctional punishment. 2. For having been declared a fraudulent Debtor, ora Debtor to the Public Taxes, after payment has been judicially demanded. 3. Fornotoriously vicious conduct. 4. For physical or moral incapacity, judicially substantiated.

5. For being employed in domestic servitude.

Article 22. Citizens, only, who are in the full exercise of their rights, are eligible toOffices in the Republic.

TITLE III

OF THE ELECTION OF THE SUPREME FEDERAL AUTHORITIES

SECTION I

OF THE ELECTIONS IN GENERAL

Article 23. The Assemblies of the States shall divide their Population, with all possibleexactness and convenience, into Popular Juntas, Districts, and Departments.

Article 24. The Popular Juntas shall be composed of Citizens, in the exercise of theirrights; the Juntas of District, of the Electors named by the Popular Juntas; and theJuntas of Department, of the Electors named by the Juntas of District.

Article 25. Every Junta shall be organized by a Directory made up by a President, twoSecretaries, and two Scrutineers, elected within itself.

Article 26. Accusations of violence bribery or subornation against voters during theelection shall be decided by the directory and four good men chosen from amongst theCitizens present, by the Accuser for the sole purpose of annulling the disputed votes orthose of the Calumniator according to the case. At other times such accusations shall bebrought before and disposed of by the ordinary tribunals.

Article 27. Appeals regarding the nullity of the Elections of the Popular Juntas shall befinally decided by the Juntas of District; and those against the latter, in those of theDepartment. The Legislative Bodies which verify the elections shall decide upon the


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qualifications of the last elected when they are disputed, and upon the charges ofnullity brought against the acts of the Juntas of Department.

Article 28. Electors of District and Department shall not be responsible for theirelectoral acts. The Law shall grant the necessary guarantees for the free and punctualdischarge of their duty.

Article 29. The Constitutional Election of the Popular Juntas shall take place the lastSunday of October; those of District, the second Sunday of November; and those ofDepartment, on the first Sunday of December.

Article 30. No citizen shall be excused from serving as an Elector, on any ground orpretext whatever.

Article 31. No person shall come to the Election armed or vote for himself.

Article 32. The Juntas can only decide upon the objects designated by the Law. Theiracts are null and void if not within their legal cognizance.

SECTION IIOF THE POPULAR JUNTAS

Article 33. The smallest basis of a Popular Junta shall be 250 inhabitants, and thegreatest 2,500.

Article 34. Registers shall be formed of the citizens who belong to the basis of eachJunta, and those only who are registered shall have an active and passive vote.

Article 35. The Juntas shall name a primary Elector for each 250 inhabitants. Thosewhich possess a residue of 126 shall name a second Elector.

SECTION IIIOF THE JUNTAS OF DISTRICT

Article 36. The primary electors shall meet at the capitals of the Districts, which theAssemblies shall appoint.

Article 37. Two-thirds, at least, of the Primary Electors being assembled, the Junta shallbe formed, and shall name, by an absolute majority, an Elector of District for each 10Primary Electors, which it has to appoint.

SECTION IV

OF THE JUNTAS OF DEPARTMENT

Article 38. A Department shall invariably consist of 12 Electors of District, for eachRepresentative which it has to name.

Article 39. The Electors of District shall meet in the Places of the Department, which theAssemblies shall appoint.


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Article 40. Two-thirds, at least, of the Electors of District being met, shall form theJunta of Department, and shall elect, by an absolute Majority, the number ofRepresentatives and Substitutes which it has to appoint for Congress.

Article 41. The Representatives and Substitutes being named, each shall receive anauthorized Copy of the Act of his nomination, which shall serve as his Credential.

Article 42. On the renewal of the President and Vice- President of the Republic, ofmembers of the Supreme Court of Justice, and Senators of the State, the Electors shallvote for these Functionaries in distinct Acts, and each Vote shall be registeredseparately.

Article 43. The Juntas of Department shall form, from each Act of Election, Lists of theElectors, describing their Votes.

Article 44. The Lists relative to the Election of the President and Vice- President of theRepublic, and the Members of the Supreme Court of Justice, shall be signed by theElectors, and be remitted, enclosed and sealed, to Congress. A Copy of the same shall

also be sent in proper form, with the Votes for Senators, to the Assemblies of the States,respectively.

SECTION V

OF THE REGULATION OF THE VOTES, AND MODE OF VERIFYING THE ELECTION OF THESUPREME FEDERAL AUTHORITIES

Article 45. When the Lists of the Departmental Juntas of each State shall have beenreceived, its Assembly shall scrutinize them, and transmit the result, with the Lists, toCongress, agreeably to the preceding Article, reserving those which contain the Electionof Senators.

Article 46. When all the Lists of the Departmental Juntas, and the scrutiny made by theAssemblies, shall be received, the Congress shall open them, and regulate the Electionby the number of the Electors of District, and not by that of the Juntas of Department.

Article 47. An absolute Majority of Suffrages shall decide the Election. Should there beno such Majority, and several Citizens have 40 or more Votes, the Congress, by anabsolute majority, shall elect from amongst them alone. Should this not be the case, theCongress shall elect from amongst those who possess 1 5 Votes and upwards; and shouldnot a sufficient number result from either of these two modes, it shall elect from thosewho have any number of votes.

Article 48. Should there be no result from the Votes of the Electors of Districts, the

Assemblies of the States shall, according to the same rules, and proportion, verify theElection of Senators.

Article 49. When the same individual shall be elected both a Senator and a Deputy, theformer shall have precedence over the latter, regardless of the number of votes.


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Article 50. In the event of the same Citizen being returned at two or more Elections,that shall be preferred in which he has obtained the greatest number of popular votes;and if the votes are equal, the person elected shall make his choice.

Article 51. Citizens who have served in any elective office of the Federation for the timeappointed by the constitution, shall not be obliged to enter on the exercise of another

until after a year has passed.

Article 52. The elections of the Supreme Federal Authorities shall be published by adecree of the legislative body which has verified them.

Article 53. All the acts of election of the Popular Juntas, as well as the scrutinies ofcongress and of the assemblies, shall be public in order to their being valid.

Article 54. These Elections shall be regulated by Law, upon the basis herein established.

TITLE IV

OF THE LEGISLATIVE POWER AND ITS ATTRIBUTES

SECTION I

OF THE ORGANIZATION OF THE LEGISLATIVE POWER

Article 55. The legislative power of the Federation resides in a Congress made up ofpopularly elected representatives, in a proportion of one for each 30,000 inhabitants.

Article 56. One deputy shall be elected for every three Senators; and where a Juntawere not entitled to elect more than one or two Senators, one deputy shall be appointednevertheless.

Article 57. Deputies shall fill in for the Senators in their absence in case ofthe lattersdeath or impossibility of attendance, in the judgment of the Congress.

Article 58. The Congress shall be renewed by half every year, and the samerepresentatives may be reelected once, following on without interval.

Article 59. The Senators in the first legislature shall decide by lot the names of thoserepresentatives who will leave the following year; thereafter, those Senators will vacatewho have held longer.

Article 60. The first time around, a preparatory junta comprised of its own membersshall qualify the elections and credentials of the representatives; thereafter, before thestart of the sessions, this qualification shall be made by those who continue on, togetherwith the newly elected.

Article 61. Representatives must be twenty-three years of age, have been five years acitizen, whether a layman or a secular ecclesiastic, and be in the current exercise oftheir rights. Naturalized Persons must, moreover, have been a year resident,immediately previous to the Election, unless they have been absent in the Service of theRepublic.


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Article 62. Officers of the Federal Government, or of the States, shall not beRepresentatives in Congress, nor in the Assemblies, for the Territory in which theyexercise their Charge; nor shall the Representatives be employed by those Governments,nor obtain any promotion, which shall not be in order of gradation, during their Office.

Article 63. Representatives shall not, at any time, or upon any pretext whatever, beresponsible for any Proposition, Speech, or Debate, in or out of Congress, upon mattersrelating to their Duties ; and during the Session, and for a month afterwards, they shallnot be arrested for Debt, or be liable to Civil Process.

Article 64. The Congress in each Legislature shall fix the Place of its residence; but theCongress, and the other Federal Authorities, shall not exercise any other powers overthe Inhabitants where they reside than those necessary to maintain public order andtranquillity, and to secure to them the free and proper exercise of their duties.

Article 65. When the resources of the Nation permit it, a City shall be constructed forthe residence of the Federal Authorities, in which they shall exercise an exclusive

jurisdiction.

Article 66. Congress shall meet, every Year, on the 1 day of March, and its Session shallcontinue for three months.

Article 67. The first Legislature may prorogue itself for the time which it may judgenecessary; the succeeding ones shall not be prorogued for more than one month.

Article 68. An absolute majority of the Representatives is necessary for the passing ofany Resolution, and the concurrence of half, and one more, of those present; but a lessnumber may require the attendance of Absentees, in the mode, and under the penalties,prescribed by the interior Regulation of the Congress.

SECTION IIOF THE ATTRIBUTES OF CONGRESS

Article 69. It belongs to Congress:1. To make the Laws for upholding the Confederation, and those, the general uniformityof which, directly and relatively, interest each of the States.2. To raise and maintain the National Army and Navy.3. To make General Regulations for both Forces.4. To authorize the Executive Power to employ the Militia of the States, when theexecution of the Law requires it, or when it shall be necessary to quell insurrection, orrepel invasion.

5. To grant to the Executive Power extraordinary Authority, to be expressly defined, andfor a limited time, in case of war against the national independence.6. To fix the Expenses of the General Administration.7. To decree and prescribe general taxes to meet them; and, not being enough, todetermine quotas corresponding to each state according to their population and wealth.8. To arrange for the administration of the general revenues, watch over theirinvestment, and to account for them before the Executive power.9. To decree, on an extraordinary basis, extraordinary loans and taxes.


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10. To qualify and acknowledge the national debt.11. To allocate the necessary funds for its amortization and interests.12. To contract debts against the Public Moneys.13. Grant loans to other nations.14. To direct the education system, establishing those general principles more inconformity with the popular system and with the advancement of the useful arts and

science; and assure investors the exclusive rights of their discoveries for the timedeemed fair.15. To arrange for and protect the right to petition.16. To declare war and to make peace taking into consideration the reports andprotocols communicated to it by the executive power.17. To ratify the treaties and negotiations concluded by the executive power.18. Grant or refuse permission to foreign troops to enter the territory of the Republic.19. To make arrangements for the trade with foreign nations and among the States ofthe Federations; and make standard laws on bankruptcies.20. To qualify ports and establish maritime customs houses.21. To determine the value, law, type and denomination of the national currency andthe price of the foreign; to fix uniform weights and measures and establish penalties for

counterfeiters.22. To open high roads and channels of communication and establish and run generalpost houses and couriers in the Republic.23. To authorize a privateering ordinance and proclaim laws on the manner of judgingpiracy, decreeing penalties against this and other offenses committed at sea in violationof the Law of Nations.24. Grant amnesties or general pardons in the case set forth in Article 118.25. Create lesser courts to deal with Federal matters.26. Qualify the popular elections of federal authorities, with the exception of those ofthe Senate.27. Admit by a two-third vote the resignations, when founded upon grave motives, byCongress Representatives the President, the Vice-President, and the Senators, after

they shall have taken their seats; and by the Members of the Supreme Court of Justice.28. To fix the Allowances of the Representatives in Congress; of the President, and Vice-President; of the Senators; of the Members of the Supreme Court; and of the otherOfficers of the Confederation.29. To watch, especially, over the observance of the Articles contained in Titles 10 and11, and to annul, without reference to the formalities prescribed in Article 194, allLegislative Provisions contrary thereto.30. To grant permission to obtain Pensions, Rewards, or Personal Titles, from anotherNation, if not incompatible with the System, of Government of the Republic.31. To decide upon the formation and admission of New States.

Article 70. When an Extraordinary Congress shall be convoked, it shall deliberate solely

upon those subjects which gave rise to its convocation.

TITLE V

OF THE FORMATION, SANCTION, AND PROMULGATION OF THE LAW

SECTION I

OF THE FORMATION OF LAWS


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Article 71. Projects of Law shall be presented to Congress, in writing, by Representativesand Secretaries of State, who alone possess this power; but the latter shall not beempowered to present Propositions respecting Taxes.

Article 72. Each Project of Law shall be read twice, on different days, before it shall be

decided whether, or not, it shall be admitted to discussion.

Article 73. If admitted, it shall pass to a Commission, which shall examine it leisurely,and shall not present it until after three days. The Report of the Commission shalllikewise be read twice on different days; and its discussion shall take place, after aninterval of at least three days, unless deferred with the consent of Congress.

Article 74. In the formation of New States, the Law shall be regulated by the Provisionsof Title 14.

Article 75. A Project of Law, not admitted- to discussion, or rejected, shall not beproposed again before the following Year.

Article 76. If the Project be adopted, Triplicate Copies of it shall be prepared in theform of a Law. It shall be read in Congress; and the Three Originals, signed by thePresident, and two Secretaries, shall be transmitted to the Senate.

SECTION II

OF THE SANCTION OF LAWS

Article 77. All Resolutions of Congress, passed in exercise of the attributions designatedby the Constitution, shall be sanctioned by the Senate, otherwise they shall not be valid;excepting those regarding:1. Its internal regime and the place or prorogation of its sessions.

2. The qualification of elections and resignation of those elected.3. The granting of letters of naturalization.4. The declaration of there being cause against any functionary.

Article 78. The Senate shall ratify the sanction by an absolute majority vote, with thisformula: "Pass to the Executive power;" and shall reject it with this other one: "Returnto Congress."

Article 79. In order to ratify or reject the sanction, it shall request reports from theExecutive Power, which should furnish them within eight days.

Article 80. The Senate shall ratify or reject the sanction within the following ten days.

If after this term the Senate has not ratified nor rejected it, the resolution shall beobtained de facto.

Article 81. The Senate must reject it if the resolution is in any way contrary to theConstitution, or when it should judge that its observance is not convenient to theRepublic. In these two cases, it shall return to congress one of the original copies withthe corresponding formula, pointing out separately the grounds on which its opinion isbased. The Congress shall again review and discuss the resolution thus returned. If it is


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ratified by a two-third vote, the sanction shall be considered as ratified, and, indeed,shall be ratified by the Senate. Otherwise, it shall not be permitted to be proposedagain until the following year.

Article 82. When the resolution is regarding contributions of any kind and the Senaterefuses to ratify it, needed the agreement of three-quarters of the Congress shall be

needed for its ratification. Once ratified, there shall be observed, in all other respects,the provisions contained in the preceding article.

Article 83. When the Senate refuses to enact a resolution of Congress as contrary totitles 10 and 11, there shall also be required to ratify it the agreement of three-quartersof Congress, and it must pass a second time to the Senate in order for the Senate toratify or reject the sanction.

Article 84. If even so it did not obtain a sanction, or if the resolution were not ratified,it cannot be proposed again until the following year, when it shall be sanctioned orratified under the rules that are common to any resolution.

Article 85. When the majority of the states should contest the resolutions of theCongress under Article 83, the resolutions must immediately be reviewed withoutprejudice to their observance, and be given a new sanction according the formalitiesprovided for in the same article, proceeding in all other respects in conformity withArticle 84.

Article 86. Once a sanction is given in a manner pursuant to the Constitution, theSenate shall return with it to Congress an original, giving another to the Executive Powerto implement it.SECTION III.Of the Promulgation of Laws.

Article 87. The Executive Power, as soon as it shall receive a sanctioned Resolution orone of the others described in Article 77, shall order its fulfilment, under the strictestresponsibility; arrange within 1 5 days, everything necessary to its execution,publication, and circulation; requesting, of Congress, an extension of that time, whennecessary.

Article 88. Its promulgation shall be made in the following Form: "Whereas TheCongress decrees, and the Senate sanctions, the following : (The Resolution) Wherefore let it be executed.

TITLE VI

OF THE SENATE AND ITS ATTRIBUTES

SECTION I

OF THE SENATE

Article 89. The Senate shall be composed of two Members for each State, popularlyelected. It shall be renewed Annually, by thirds; and the same Individuals may be re-elected, once, without any interval.


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Article 90. To be a Senator, it is required that he be a Native of the Republic; be thirtyYears of age ; have been seven Years a Citizen, of the Laity, or Secular Clergy, and be inthe actual exercise pf his rights.

Article 91. Each State shall name one Substitute, possessing the same qualifications, to

act in the cases of death, or incapacity, declared by the Senate.

Article 92. One only of the Senators to be named by each State shall be an Ecclesiastic.

Article 93. The Senate in its First Session shall be divided, as nearly as may be, by lot,into three equal parts, one of which shall be successively renewed every Year.

Article 94. The Vice-President of the Republic shall preside in the Senate, and vote onlyin cases of equal division.Article 95. In his absence, the Senate shall name a President from amongst its ownMembers, who shall possess the qualifications required for President of the Republic.

Article 96. The Vice-President shall retire whilst the Senate names the Members of theTribunal to be established by Article 147.

Article 97. The Session of the Senate shall last the whole Year, in the form prescribedfor its regulation.

SECTION II

OF THE ATTRIBUTES OF THE SENATE

Article 98. The Senate shall sanction the Resolutions of Congress, in the form establishedin Section 2 of Title 5.

Article 99. It shall be diligent, in upholding the Constitution; watching over thefulfillment of the general laws and the conduct of the functionaries of the FederalGovernment.

Article 100. It shall give counsel to the Executive Power:1. About the doubts posed by the implementation of the resolutions of Congress.2. In matters arising from treaties and relations with foreign powers.3. In the internal affairs of the government of the Republic.4. On matters of war or insurrection.

Article 101. The Congress shall be convened by the Senate in extraordinary cases,summoning the substitutes of the representatives who have passed away during the

recess of Congress.

Article 102. The Senate shall propose candidates in threes to the Executive Power forthe appointment of diplomatic ministers, of the commander of arms of the Federation,of all army officers including the Colonel and higher ranks, of the commanders of theports and borders, of the ministers of the treasury general and of heads of the generalrevenue bureau.


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Article 103. The Senate shall declare when there shall be cause against the diplomaticministers and consuls regarding the commission of all kinds of crimes; and against thesecretaries of dispatch, the commander of arms of the Federation, the commanders ofthe ports and borders, the ministers of the general treasury, and the chiefs of generalrevenues for crimes committed in the course of their duties, being subject, in all otherregards, to the courts.

Article 104. The Senate shall intervene in the disputes set forth in Article 194 and shallname in its first sessions the tribunal established in Article 147.

Article 105. The Senate shall review the sentences spoken of in Article 137.

TITLE VIII

OF THE EXECUTIVE POWER, ITS ATTRIBUTES AND OF THE SECRETARIES OF DISPATCH

SECTION 1

OF THE EXECUTIVE POWER

Article 106. The Executive Power shall be exercised by a President appointed by thepeople of all states in the Federation.

Article 107. In his absence, he will be replaced by a Vice-President appointed likewise bythe people.

Article 108. In absence of either, Congress shall appoint a senator with the qualitiesestablished in Article 110. If the impediment should not be temporary, and there weremore than a year left in the term, Congress shall require that a new election be called,which must be done from the Popular Juntas until the remainder of the term. He that isso elected, shall exercise his functions for the time designated in Article 111.

Article 109. Should the default, referred to in the preceding Article, occur whilstCongress be not assembled, an Extraordinary Congress shall be convoked ; and in themean time, he who presides in the Senate shall exercise the Executive Power.

Article 110. The necessary qualifications for the Office of President, or Vice- President,are that he be a Native of the Republic, be 30 years of age, have been seven years aCitizen, of the Laity, and in the actual enjoyment of his rights.

Article 111. The Office of President and Vice-President shall continue four Years; andthey may be re-elected, once, without any interval.

Article 112. The President shall not derive private emolument, or receive presents ofany kind, from any State, Authority, or Individual, nor shall his Allowance be alteredwhilst in Office.

SECTION IIOF THE ATTRIBUTES OF THE EXECUTIVE POWER


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Article 113. The Executive Power shall publish the Law, enforce its observance, andmaintain Public Order.

Article 114. He shall consult Congress respecting the interpretation of the Law; and theSenate, upon doubts and difficulties which may arise in the execution of it ; conforming,in the latter case, with the opinion thereof, when his responsibility ceases.

Article 115. He shall enter into Negotiations and Treaties with Foreign Powers,consulting the Senate thereupon. He shall also consult the same on Questions arising outof those relations; but in neither case, shall he be bound to conform with its opinion.

Article 116. He shall consult the Senate upon important matters, relative to the internalGovernment of the Republic, and to War or Insurrection.

Article 117. He may appoint the Functionaries of the Republic, mentioned in Article 102,on the proposition of the Senate; those mentioned in Article 139, on the proposition ofthe Supreme Court of Justice; and the Subalterns of each, and the Officers of thePermanent Force, under the rank of Colonel, on the proposition of their respective

Chiefs or Superiors.

Article 118, If, by any important event, the safety of the Country be endangered, and itbe expedient to grant amnesty or pardon, the President shall propose the same toCongress.

Article 119. He shall direct the Armed Force of the Confederation; he shall assemble anddispose of the Civil Power, when the Service of the Republic requires it, and commandthe Army in Person, with the approbation of the Senate; in which latter case, theGovernment shall devolve upon the Vice-President.

Article 120. He shall employ the Forces to repeal Invasion, or suppress insurrections, and

shall immediately inform Congress, or the Senate if the former is in recess.

Article 121. He shall grant, with the approval of the senate, honorary awards compatiblewith the system of government in the nation.

Article 122. He shall be able to remove freely, and without the need for preliminaryinvestigation by the secretaries of dispatch, conformably to the laws, any and all federalexecutive power officials, suspend them for six months, and depose them withsubstantiated evidence of ineptitude or disobedience, and with the assent, on havingexamined such evidence, of two-thirds of the Senate.

Article 123. He shall submit through the secretaries of dispatch, when Congress is in

session, a minutely detailed report on all the branches of the civil administration and ofthe army and navy, with the projects he deems most appropriate for conservation orimprovement; and an accurate accounting of expenditures, with the budget of futureexpenditures and the means to finance them.

Article 124. He shall provide Congress and the Senate with any reports they shouldrequested of him, and when they shall be regarding reserved matters, he shall explainthis to be so, so that that the Congress or the Senate may exempt him from his


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manifestation, or demand that he provide it, if the case so requires. However, he shallnot be obliged to manifest the plans of war nor the high politics negotiations pendingwith foreign powers.

Article 125. If the reports are necessary to establish the liability of the President, theycannot be refused for any reason, nor can the documents be held in reserve after having

declared that the grounds exist for the initiation of a suit.

Article 126. The president may not, without license from the congress, remove himselffrom his place of residence, or leave the territory of the Republic until six months aftercompleting his assignment.

Article 127. When the President is informed of any conspiracy or betrayal in the Republicand that there is risk of a near threat, the President may give orders to arrest andinterrogate those who are presumed to be guilty, but at the end of three days he shallplace them at the disposal of the respective judge.

Article 128. He shall inform the Heads of the States on the laws and general provisions,

and shall advise them on that which is convenient in all matters concerning the serviceof the Federation which have not been put under the charge of his private agents.

SECTION 3

OF THE SECRETARIES OF DISPATCH

Article 129. The Congress, at the proposal of the Executive Power, shall designate thenumber of secretaries of dispatch, organize the secretariats, and establish the businessthat corresponds to each.

Article 130. The necessary qualifications for the office of Secretary of State, are that hebe an American by birth, a Citizen in the exercise of his rights, and upwards of 25 Years

of age.

Article 131. The Orders of the Executive Power shall be expedited through the mediumof the Secretary o'f the Department to which they belong; and those expedited in anyother manner, need not be obeyed.

TITLE VIII

OF THE SUPREME COURT OF JUSTICE, AND ITS ATTRIBUTES

SECTION IOF THE SUPREME COURT OF JUSTICE

Article 132. There shall be a Supreme Court of Justice, composed of from five to sevenMembers, as the Law may prescribe; they shall be elected by the people; shall berenewed by thirds every two years, and may be at any time re-elected.

Article 133. The necessary qualifications for a Member of the Supreme Court, are : thathe be an American by birth, have had seven Years of uninterrupted residence,


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immediately previous to the Election; be a Citizen in the exercise of his rights; of theLaity; and Upwards of 30 years of age.

Article 134. In the absence of any Member of the Supreme Court, his place shall besupplied by one of three substitutes, who shall possess the same qualifications, and beelected by the People, after the nomination of the Proprietors.

Article 135. The Supreme Court shall select, in such case, the Substitute who shall act.

SECTION II

OF THE ATTRIBUTES OF THE SUPREME COURT OF JUSTICE

Article 136. It shall take cognizance, in the last instance, and under the limitations andregulations prescribed by Congress; of Cases arising out of the Constitution; GeneralLaws; Treaties made by the Republic; Maritime Jurisdiction; and Controversies ofCitizens, or Inhabitants of different States, on the competency of Tribunals.

Article 137. In Cases of dispute, in which the Republic may be a Party, and one or more

States with any other or others, or with Foreigners or Inhabitants of the Republic; theSupreme Court of Justice shall name Arbitrators, for the first instance ; shall takecognizance of them, in the second; and its Sentence shall be carried in revision to theSenate, should the Parties be dissatisfied with the first and second Judgments, and shallbe there tried according to Law.

Article 138. It shall take firsthand cognizance, conformably to the Laws, in Civil Chargesagainst Diplomatic Ministers and, in Criminal Charges against Functionaries, in which theSenate declares that there is cause for prosecution, according to Article 103.

Article 139. It shall propose candidates in threes to the executive to appoint judges tothe lower courts, spoken of in item number 25 of Article 69.

Article 140. It shall watch over the conduct of judges of the lower courts of theFederation and ensure that they administer justice promptly and fully.

TITLE IX

OF THE RESPONSIBILITY AND WAY OF PROCEEDING IN THE CAUSES OF THE SUPREME

FEDERAL AUTHORITIES

SINGLE SECTION

Article 141. Before taking possession of their office, functionaries of the Federation shallswear to be faithful to the Republic, and uphold the Constitution and the Laws with alltheir authority.

Article 142. Every public functionary is responsible, under law, of the exercise of theirfunctions.

Article 143. It shall be declared that there is cause for prosecution against therepresentatives of Congress in the case of treason, venality, serious misconduct in the


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performance of their duties and common crimes that deserve punishment rather thancorrectional measures.

Article 144. In all these cases, and in breach of the law and usurpation, there shall alsobe to cause for prosecution against members of the Senate, the Supreme Court ofJustice, the President and Vice-President of the Republic and the secretaries of

dispatch.

Article 145. Every accused person is suspended in the act of there being declared thatthere is cause for their prosecution, and shall be deposed if found guilty, anddisqualified from all public office, if the case so warrants it according to law. In anyother respect, the accused shall be subject to common order and courts.

Article 146. The crimes referred to above produce popular action, and the accusationsby any citizen or inhabitant of the Republic should be heard.

Article 147. There shall be a tribunal composed of five individuals appointed by theSenate from amongst the substitute members of the Senate or of the Congress, who have

not entered upon the exercise of their functions. Their functions are laid down byArticles 149 and 150.

Article 148. In accusations against individuals of the Congress, the Congress shall declarewhen there are grounds for proceedings, which shall be followed through and terminatedconformably to the law of its interior regime.

Article 149. In accusations against the President, and Vice-President, if the period oftheir Office shall have expired, Congress shall declare when there are grounds for legalproceedings; the Supreme Court, shall try the Cause, and the Tribunal, established byArticle 147, shall take cognizance of it, by Appeal.

Article 150. In Accusations against Members of the Supreme Court, the Congress shalldeclare when there are grounds for proceedings, and the Tribunal, established by Article147, shall try the Cause.

Article 151. In Accusations against the Senators, and Vice-President, Congress shalldeclare when there are grounds for proceedings, and the Supreme Court shall try theCause.

TITLE X

GUARANTEES OF PERSONAL LIBERTYSINGLE SECTION

Article 152. The pain of Death shall not be inflicted, but for Crimes expressly directedagainst the Public Government; those of assassination; and premeditated, or secrethomicide.

Article 153. Citizens and Inhabitants of the Republic, without distinction, shall beproceeded against and tried, according to Law.


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Article 154. The Assemblies shall establish a system of Juries as soon as possible.

Article 155. No Person shall be arrested but in pursuance of a written Order of anAuthority competent to give it.

Article 156. This Order shall not be issued, without previous proof that a Crime has been

committed, which may merit more than correctional punishment, or without thetestimony of, at least, one Witness against the Delinquent.

Article 157. Persons liable to detention, are: 1, Delinquents who, there are groundsfor supposing, intend to abscond; 2. Those who may be detected in the act ofdelinquency; in which case any Person may apprehend them in order to their beingtaken before a Magistrate.

Article 158. The detention, referred to in the preceding Article, shall not continuelonger than 48 hours, during which time the Authority who ordered it, shall proceedaccording to the Provisions of Article 156, and either issue a written Order ofimprisonment, or set the detained Individual at liberty.

Article 159. No Jailer shall receive or detain any Person in Prison, without inserting in hisRegister, a Copy of the Order of imprisonment or detention.

Article 160. Persons taken into custody shall be examined within 48 hours; and theMagistrate shall order their liberation, or further imprisonment, within 24 hoursfollowing, according to the merits of the case.

Article 161. He may, however, order their detention, for a correctional punishment,persuant to the formalities established by the code of each State.

Article 162. The detention for a correctional punishment shall not continue longer than

one month.

Article 163. Those apprehended by the authorities may not be carried to places ofimprisonment, detention, or holding other than those which are legally and publiclydestined for that purpose.

Article 164. When a prisoner is not held incommunicated by order of the judge insertedin the Register of the jailer, the jailer may not impede his communication with anyone.

Article 165. Anyone who, not being authorized by law, should issue, sign, execute orcause to execute the imprisonment, detention or arrest of any person or that, in case ofimprisonment, should take, receive or retain the prisoner in a place not publicly and

legally identified, and any jailer who should contravene the preceding provisions, shallbe guilty of arbitrary detention.

Article 166. He who should pay bail in cases where the law does not expressly forbid itmay not be taken or detained in prison.

Article 167. The Assemblies shall dispose for all sorts of persons who are jailed, detainedor put under arrest to be allowed to be visited in their place of detention.


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Article 168. No house can be searched without a written order issued by a competentauthority by virtue of two formal testimonies that give reason to the search, which musttake place during the day. Any home may be searched at all times by an officer of thepublic authority in the following cases: 1. In the current pursuit of an offender; 2.Because of a scandalous disorder that requires prompt remedy 3. Because of a complaint

made from inside the house. However, once the search is made, it shall be verified withtwo testimonies that the search was done for one of the reasons indicated.

Article 169. The personal papers of the inhabitants of the Republic can be seized only inthe crimes of treason, and their examination may only be carried out when essential tothe establishment of the truth and in the presence of the person concerned, with anysuch papers being returned immediately that bear no pertinence to the inquiry.

Article 170. The security police can not be entrusted but to civil authorities, in themanner determined by law.

Article 171. No civil or defamation trial may be initiated without a record that a

previous attempt has been made to settle it through conciliation.

Article 172. It is inherent to every person the faculty to appoint arbitrators at any stageof the proceedings; the Sentence given by Arbitrators shall be without Appeal, if theParties concerned have not reserved this right.

Article 173. The same Judge shall not decide a Cause in two different instances.

Article 174. No Law of Congress, or of the Assemblies, shall be incompatible with theGuarantees contained in this Title; but they may amplify them, and decree new ones.

TITLE XI

GENERAL REGULATIONS

Article 175. Congress, the Assemblies, and other Authorities shall not:1. Limit, in any case, nor under any pretext, the liberty of thought, speech, writing, orprinting.2. Suspend the right of Petition, by word or writing.3. Prohibit Citizens, or Inhabitants of the Republic, from emigrating to ForeignCountries, free from all responsibility.4. Take the property of any Person, nor disturb him in the free use of his estate; unlessthe public welfare shall in any important urgency require it; previously and legallyverifying, and guarantying in such case, a just indemnification for the same.5. Establish entails; grant titles of nobility, hereditary pensions, decorations, ordistinctions; or consent to their admission, as Citizens of Central America; in favour ofpersons to whom other Nations have conceded similar privileges.6. Permit the use of the rack, or torture; or order the confiscation of property;whipping, or cruel punishments.7. Grant, for an unlimited time, exclusive privileges to Commercial Companies, orManufacturing Bodies.


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8. Issue laws of proscription or of retroactive effect or those for the pain of infamy todescend on succeeding generations.

Article 176. They shall not, except in cases of tumult, rebellion, or an attack with arms,on the Constituted Authorities :1. Disarm any of the Population, nor take away from any Person, of whatever rank, arms

which he may have in his house, or which he may lawfully carry.2. Prevent popular meetings which have for their purpose any honest pleasure or thediscussion of politics and the examination of the public conduct of officials.3. Dispense with the sacred formalities of the Law in order to search the house of anycitizen or inhabitant, seize his private correspondence, reduce him to prison or detainhim.4. Form Commissions, or Special Tribunals, to take cognizance of specified Crimes, or forany class of Citizens or Inhabitants.

TITLE XII

OF THE LEGISLATIVE POWER, OF THE REPRESENTATIVE COUNCIL, OF THE EXECUTIVE

AND JUDICIAL POWER OF THE STATES

SECTION 1

OF THE LEGISLATIVE POWER

Article 177. The legislature of each state resides in an Assembly of Representativeselected by the people, who may not be less than eleven nor more than twenty-one.

Article 178. It belongs to the first Legislatures to form the peculiar Constitution of theState under the Federal Constitution. And it belongs to all legislatures: 1. To enact theirLaws, Ordinances, and Regulations. 2. To determine the expense of their administration,and decree imposts of all descriptions, necessary to the liquidation of the former, andthe quota which belongs to them in the general expenses; but without the consent ofthe Federal Congress they cannot impose duties on Foreign Commerce, nor on thatbetween the States. 3. To fix periodically the regular Army, if it be required in time ofPeace, with the concurrence of the Federal Congress; to create the civic guard, andraise its quota in time of War. 4. To form the Establishments, Corporations or Tribunalswhich it may consider expedient for the better regulation of justice, economy, publicinstruction and other branches of Administration. 5. Admit by a two-third vote theresignations of Senators before they have taken their seats or when founded upon gravemotives.

SECTION 2OF THE REPRESENTATIVE COUNCIL OF THE STATES

Article 179. There shall be a Representative Council composed of one representativeelected by the people for each territorial section of the State, according to the divisionmade by its Assembly.

Article 180. It belongs to the Representative Council: 1. To sanction the Laws. 2. Toadvise the Executive Power when consulted. 3. To propose the principal functionaries to


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the Executive for nomination. 4. To watch over the conduct of those functionaries anddeclare when there are grounds of prosecution.

SECTION 3OF THE EXECUTIVE POWER OF THE STATES

Article 181. The executive power resides in a Chief appointed by the people of theState.

Article 182. It is his duty:1. To execute the Laws and watch over public order.2. To name the principal Functionaries of the State, from time to time, from amongstthree Persons proposed by the Council; and Subalterns, on the proposition of theirChiefs.3. To dispose of the Armed Force of the State, and to employ it for its defence, in caseof sudden invasion ; communicating immediately with the Assembly, or in its recess,with the Council, in order that the same may be reported to Congress.

Article 183. In the absence of the Chief of the State, there shall be a Second Chief tosupply his place, also named by the People.

Article 184. The Second Chief shall be President of the Council, and shall only vote incase of equality of votes.

Article 185. In the absence of the President, the Council shall elect one from amongst itsown Members.

Article 186. The Second Chief shall not assist at the Council, in cases in which the Vice-President of the Republic absents himself from the Senate.

Article 187. The Chief, and Second Chief of the State, shall continue in their Functionsfour Years, and may be re-elected, once, without any interval.

Article 188. They shall be answerable to the State for their good conduct in the exerciseof their Functions.

SECTION IV

OF THE JUDICIAL POWER OF THE STATES

Article 189. There shall be a Superior Court of Justice, composed Judges, popularlyelected, and renewable periodically.

Article 190. It shall be the Tribunal of last instance.

Article 191. The Order of proceeding in Charges against the Representatives in theAssembly, the Executive Power, and Members of the Council, and the Superior Court ofeach State, shall be regulated in the form, and under the Regulations, appointed for theFederal Authorities.

TITLE XIII


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GENERAL REGULATIONS FOR THE STATES

Article 192. The States shall mutually deliver up the Criminals which may be claimed.

Article 193. The legal and judicial Acts of one State shall be recognized in all others.

Article 194. In case any State, or Constituted Authority, complain that the Assembly ofanother State have passed its Constitutional boundaries, the Senate shall take thenecessary information, and submit it to two of the nearest States, for their opinion;should they not concur, or should the Assembly, against which the Complaint is made,not conform to their judgment, the affair shall be laid before Congress and its decisionshall be final.

Article 195. The able citizens of one state may be elected representatives, senators,chiefs, counsellors and members of the high court of justice of other states, but theyshall not be obliged to accept such offices. .

TITLE XIV

OF THE FORMATION AND ADMISSION OF NEW STATES

SINGLE SECTION

Article 196. In the future, there may be formed new States and others admitted into theFederation.

Article 197. There may not be formed new States within another State. Nor may therebe formed new ones by the joining of two or more states, or parts of them, if they werenot in contact, and without the consent of the respective assemblies.

Article 198. Any bill on the formation of a new state shall be proposed to Congress bythe majority of the representatives of the people who are to form it, and must rely onthe accurate assurance that the new state shall have a population of one hundredthousand or more inhabitants, and that the State from which it is separated shall remainwith an equal population and be able to survive.

TITLE XV

OF THE REFORMS AND THE SANCTIONING OF THIS CONSTITUTION

SECTION IOF THE REFORMS TO THE CONSTITUTION

Article 199. In order that a bill to reform or to add to this Constitution may be discussed,said bill must be submitted signed by at least six representatives in Congress, or beproposed by an Assembly of the States.

Article 200. Bills submitted in this way, if not admitted for discussion, may not beproposed again until the following year.


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Article 201. Bills admitted for discussion, once ready to be voted on, shall require a two-third vote to be agreed upon.

Article 202. Once the reform or addition has been agreed upon, it shall be accepted bythe absolute majority of the states with a two-third vote of their Assemblies in order to

be valid and constitutional.

Article 203. When the reform or addition should deal with a point that alters in essencethe adopted form of government, Congress, after the acceptance of the States, shallconvoke a Constituent Assembly to resolve definitively on the matter.

SECTION 2

OF THE SANCTIONING OF THIS CONSTITUTION

Article 204. The first Federal Congress shall sanction this Constitution.

Article 205. The Sanction shall be given to the whole Constitution, and not to any

particular Article or Articles.

Article 206. The Sanction shall be understood to be given by an absolute majority, orvetoed by two-thirds of the Votes of Congress.

Article 207. If a majority do not concur in giving, nor two-thirds in denying the Sanction,it shall be discussed again at the end of eight days, in order to obtain a decision.

Article 208. If, on the second voting, there be not the necessary result, the Senatorsshall be called to the Congress, and shall assist as Representatives in resolving upon theSanction.

Article 209. The Senators, incorporated with the Congress, shall, a third time, open thediscussion, which shall not be postponed beyond 1 5 days; and if there be not then amajority of Votes for the Sanction, or of two- thirds against it, the Constitution shall besanctioned, in virtue of this Constitutional Article.

Article 210. The Sanction, being given, it shall be published with the greatest solemnity;if refused, the Congress shall convoke, without delay, a National Constituent Assembly.

Article 211. This Constitution, even before it be sanctioned, shall have full force andvigour, as a Fundamental Law, from the day of its publication, whilst no other shall besanctioned.

Given in the City of Guatemala, the 22 of November, 1824.

FERNANDO ANTONIO DAVELA, Deputy for the State of Guatemala, President.JOSE NICOLAS IRIAS, Deputy for the State of Honduras, Vice- President.

Representatives for the State of Costa Rica:

Jos Antonio Alvarado. Juan de los Santos Madriz. Luciano Alfaro. Pablo Alvarado.


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Representatives for the State of Nicaragua:

Toribio Arguello. Francisco Quines. Toms Muoz. Manuel Barberena. Benito Rosales.Manuel Mendoza. Juan Modesto Hernndez. Filadelfo Benavente.

Representatives for the State of Honduras:

Juan Miguel Fiallos. Miguel Antonio Pineda. Juan Esteban Milla. Jos Gernimo Zelaya.Jos Francisco Zelaya. Joaqun Lindo. Po Jos Castelln. Francisco Mrques. Prspero deHerrera. Francisco Aguirre.

Representatives for the State of El Salvador:

Jos Matas Delgado, Juan Vicente Villacorta, Mariano de Beltranena, Ciriaco Villacorta.Jos Ignacio de Marticorena. Joaqun de Letona. Jos Francisco de Crdova. IsidroMenndez. Leoncio Domnguez. Marcelino Menendes. Pedro Jos Cuellar. MarianoNavarrete.

Representatives for the State of Guatemala:

Jos Barrundia. Antonio de Rivera. Jos Antonio Alcayaga. Cirilo Flores. Jos AntonioAzmitia. Francisco Flores. Juan Miguel de Beltranena. Julin de Castro. Jos SimenCaas. Jos Mara AGuero. Luis Barrutia. Jos Mara Herrera. Eusebio Arzate. JosIgnacio Grijalba. Jos Serpaio Snchez. Miguel Ordez. Mariano Glvez. FranciscoXavier Valenzuela. Francisco Carrascal. Mariano Zenteno. Antonio Gonzlez. BasilioChavarra. Juan Nepomuceno Fuentes. Jos Domingo Estrada.

JOSE ANTONIO DE LARRAVE, Deputy for the State of Guatemala, Secretary.JUAN FRANCISCO DE SOSA, Deputy for the State of El Salvador, Secretary

MARIANO DE CORDOVA, Deputy for the State of Guatemala, SecretaryJOSE BETETA, Deputy for the State of Guatemala, Secretary

National Palace of the Supreme Executive Power, of the Federal Republic of CentralAmerica, in Guatemala, the 22 of November, 1824. Let it be executed. Signed with ourHand, Sealed with the Seal of the Republic, and by the Secretary of State, of theInterior, and Foreign Relations : JOSE MANUEL DE LA CERDA. TOMAS O. HORAN.Countersigned, JOSE DEL VALLE. MANUEL J. IBARRA, Secretary of State.

constitución de 1824 de la república federal de centroamérica

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