The Sun.
London, England, 1826-12-25 00:00:00

MONDAY EVENING, DECEP•IBER 25, 1826

THE QUARTERLY REVIEW, No. LXIX.
will be published on the 28th instant.
Printed for John Murray, Albemarle-street.

DEFENCE OF PORTUGAL—Priee Ss.
A CORRECTED REPORT oft& SPEECHES
ZS. of the Right Ron. GEORGE CANNING, in the House
of Commons, on the King's Message, on Tuesday the 12th inst.
Printed for James Ridgway, 169, Piccadilly.

UNIVERSITY INTELLIGENCE.

Oxvoftn, Drt.. 28.—0 n Monday the 16th inst., being the
hot day of Michieltnas Term, the nomination of John Williams,
141,A. Student of Christ Church, to be one of the Masters of the
Schools, was spproved of in Convocation.
Rev. George Taylor, M.A. of Pembroke Hall, Cambridge, and
Master of Denham School, was incorporated as a Member of St.
John's College.

On the aani e day the following Degree' were conferred

BACHELORS IN Divisrm—Rev. J. T. Lys, Fellow of Exeter.
Afasuits OF A/M....414M C. Rawlins, Grand Compounder;
Rev. J. Gladstone, Brasennose; Rev. F. Urquhart, ditto ; Rev.
J. Langley, Magdalen Hall.
BACHELORS OF ARMS.—F. H. Tompson, Queen's ;IL J.
Buekell, Michel Fellow of Queen's ; W. R. Eigg, Queen's ; H.
Wrightson, Queen's; G. 'Wood, Lord Crewe's Exhibitioner of Lin-
coln ; L. B. Wither, Oriel ;. J. Wordsworth, New College; E.
Siiums, Wadham; D. S. AiteikJeham, Baliol ; F. B. Woodward,
ditto; F. Eyre, St .104111 F. Pym, Worcester; J. Crosse,
Exetc. i;.

Yesterday the Rev. ibeopbilus Biddulph, M.A. was admitted
a Probationary Fellow of Corpus Christi College.
The Rev. T. Foster, M.A. of New College, and Vicar of Cali-
sington, is appointed a Surrogate for granting Marriage Licenses,
proving Wills, 8•c.
ECCLESIASTICAL PREFERMENTS.
The Lord Bishop of London has been pleased to present the
Rev. Francis Thomas Atwood, M.A. of Trinity College, Cam.
bridge, to the perpetual Curacy of the populous and extensive
hamlet of Hammersmith, near London.
The Rev. J. Hodges, Vicar of Twyford, to the Rectory of
Chilcomb, Hants, vacant by the decease of the Rev. Mr.
Gordon.

The Rey. Wm. Bennett, Rector of St. George's, Canterbury,
presented by the Dean and Chapter to the Vicarage of Milton,
Kent, void by the death of the Rev. J. Yeatcs.
The Rev. Samuel Blackball, B.D. Rector of North Cad-
bury, and late Tutor of Emmanuel College, Cambridge, is collat-
ed by the Lord Bishop of the diocese to a Prebend in Well►
Cathedral.

The Lord Bishop of St. David's has instituted the Rev. E.
Pendrill, Curate of Killabtyll, to the Perpetual Curacy of Lien-
guick, Glamorganshire, on the presentation of Mrs. Bassett, va-
cant by the resignation of the Rev. T. Gronow.

BOLIVAR.

ADDRESS OF MINERAL BOLIVAR TO 'MX CONSTITUENT CONGRESS

Or BOLIVIA, ACCOUTANTING VIZ ELAN Or A CONSTITUTION

FOR THE GOVF,RNMENT OF THAT STATE.

Legislators I---On presenting you with a plan of a con-
stitution for Bolivia, I feel myself overwhelmed with con-
fusion and timidity, from a persuasion of my unfitness for
the task. When I reflect that the wisdom of ages is not
sufficient to draw up one fundamental law which is perfect,
and that the most enlightened legislator is the immediate
cause of human misery, and a mockery, as it were, of his
divine mission, what am I to say of the soldier who, born
amongst slaves, and buried in the deserts of his country,
has seen nothing but captives in chains, and brethren with
arms in their hands to break them ? I a legislator I Your
mistake and my engagement'dispute the preference; I can-
not say who suffers most in this dreadful alternative—you,
from the evils you must apprehend from the laws you have
asked of me, or I, from the disgrace to which your con-
fidence condemns me.

L I !MVP glade every .0: —.
ter the matter of triverning free men according to the prin.
ciples adopted amongst civilized nations, although the ler.
sans of experience only present long series of disasters, in.
terruptcd by occasional gleams of good fortune. What
guides arc we to follow through the gloom of such sorrow-
ful...examples ?

Legislators, your duties call upon you to resist the shocks
of two powerful enemies which are constantly contending
with each other, and both will attack you at once ; tyranny
and anarchy form an immense ocean of oppression, which
surrounds a small island of liberty, perpetually struggling
against the violence of the waves and hurricanes incessantly
threatening to bury her in the deep. This is the sea in
which your frail bark has to navigate, and whose pilot is
so inexperienced.
The plan of a constitution for Bolivia is divided into
four political powers ; one more having been added, with-
out complicating the principal division of each of the
others. The electoral power has received . attributions
which were not given to it in other Governments' gene-
rally considered to be most liberal. These attributions
very much resemble those of the Federal System. It has
appeared not only prudent and useful, but likewise easy,
to give to the immediate representatives of the people, the
privileges which would be most coveted by the citizens of
each department, its provinces and cantons. No object
is of more importance to a citizen than the election of his
legislators, magistrates, judges, and pastors. The electoral
colleges of every province represent its wants end inte-
rests ; and are the organs of complaint for infraction of the
laws, and for abuses of the magistrates. I may venture
to say with some foundation, that this branch partakes of
the rights enjoyed by the Government of the States of the
Federal System. In this way a new weight has been
placed in the balance against the ex,ecutive power; and the
Government has acquired fresh guarantees, more popu-
larity, and additional claims to rank among those which
are most distinguished for their democratic principles.
Every ten citizens name en elector; the nation is thus
represented by the tenth part of its citizens. Nothing is
required but capacity, even property is not necessary, to
exercise the august functions of sovereignty; but he must
know how to write his vote, sign his name, and read the
laws. Ile must profess some science or an art, by which
he can secure an honest livelihood. None are excluded
but those who are vicious, idle, and grossly ignorant.
Knowledge and honesty, not money, are what is required
for the exercise of the rights of the people.
The Legislative Body is so composed that it must ne-
cessarily harmonize amongst its different parts ; it will
never be found divided for want of a judge to arbitrate, as
frequently occurs where there are only two chambers.
There being here three, the difference between two is de-
cided by the third; the question is examined by two con-
tending parties, and another impartial one who decides it;
in this way no useful law is put aside, or, at all events, it
will have been discussed once, twice, or three times, before
it be rejected. In all affairs between two adverse parties
a third is chosen to decide, and would it not be absurd not
to adopt a measure dictated by. imperious necessity, in the
most important interests of society The Chambers will
thus prclerve towards each other those considerations
which aro indispensable to the conservation of the union
of the whole, who ought to deliberate in the silence of the
passions, in the calmness of wisdom. Modern Congresses,
it will be said, have been composed of only
two bodies.
It is because in England, which has been their model, the
nobility and the people ought td be represented in two
chambers; and if in North America they (lid the same,
although they had not nobility, it is probable that habits
derived from their living. under the British Government
induced them to imitate it. The fact is, that two deli-
berating bodies must be in a continual state of contention;
on this account Sieyes proposed that there should be only
one—strange absurdity !
The first Chamber is that of Tribunes; they have the
right of proposing all laws relative to finance, peace and
war. This body has immediate inspection over those
branches administered by the executive with least inter-
ference on the part of the legislature.
The senators have the formation of the codes and eccle-

siastical regulations; they wittch over the administration
of justice and over public worship. The senate chooses
the prefects, judges of districts, governors, correjidors, and
all other persons filling subordinate situations in the courts
of justice. It proposes to the Chamber of Censors the
members of the high court of archbishops, bishops, pre-
bends, &c. Whatever has relation to religion and the laws
is under the superintendence of the senate.
The censors exercise a political and moral authority,
which has soma resemblance to that of the Areopagus of
Athens and of the Censors of Rome. They are, as it were,
the fiscals of the nation against the Government, to watch
over the religious observance of the constitution and public
treaties. I have placed under their protection the national
jury, which is to decide on the good or bad administration
of the executive.

The censors are the protectors of public morals, the
sciences, and arts, public instruction, and the press. The
'censors exercise the most terrible as well as the most en-
gust functions. They condemn to eternal opprobrium the
usurpers of sovereignty and illustrious criminals. They
grant public honours to the services and virtues of illus-
trious citizens. The appreciation of glory has been con-
fided to their hands ; the censors ought, therefore, to be of
unsullied innocence and unspotted life. If they err, they
shall be accused evenlor trifling faults. To these priests
of the laws have been confided the custody of our sacred
tables; for they it is who are to prevent their profanation.
The President of the Republic, in our constitution be-
comes as the sun which, immoveable in the centre, gives
life to the universe. This supreme authority sdould be per-
petual, because in those forms of society where hereditary
rank is unknown, a fixed point, around which magistrates
and citizens, men and things, should revolve, is required
more than in others. " Give me a place to stand upon,"
said one of the ancients, " and I will move the world."
In Bolivia this point is the president for life. Upon him
depends all the regularity of our system, without on that
account his possessing any active interference. He has
been deprived of his head that his intentions may not excite
alarm, and his hands have been tied that he may injure
no one.
The President of Bolivia possesses some of the powers
given to the executive in the United States, but under re-
strictions favourable to the people. His continuance in
power is the same as that of the President of Hayti. 1
have taken for Bolivia the executive of the most democratic
republic in the world.

The island of Hayti (you will forgive me thus digressing
from my subject) was in a continual state of disturbance;
after having tried an emperor, a king, a republic, all known
forms of government, and others beside, she was forced to
have recourse to the illustrious Petion for her salvation.
They placed their confidence in him, and the destiny of
Hayti was no longer subject to vacillation. On Petion
being chosen president for life, with power to choose his-
successor, neither the death of this great man, nor the suc-
cession of the new President, have .jaused the least com-
motion in the state; every thing has gone on under the
distinguished Boyer with the tranquillity of a legitimate
monarchy—a triumphal proof that ft president for life, with
the power of naming his successor, is the most admirable
feature in a renublisaß system.
Lesluent o ohm will be less dangerous than
that of Hayti, the made of succession being more secure
for the welfare of the state. Besides, the President of
Bolivia is deprived of all influence; he neither appoints
the magistracy, nor the judges, nor to ecclesiastical offices,
however subordinate that may be. This deprivation of
power has never yet taken place in any well-constituted
Government ; it adds obstacle to obstacle in the way of
the authority of a chief, who will always find the whole
people under the influence of those who exercise the most
important functions in society. The priesthood has the
control over the consciences of the citizens, the judges
over their property, their honour, and their life, and the ma-
gistrscy over the public acts of the nation. Being indebted
to the people for their dignity, their glory, and their fortune,
the President cannot hope to engage them in his ambitious
designs. If to this consideration we add that which arises
from the constant opposition a democratic Government
meets with at every step of its administration, it appears
not unreasonable to suppose that the usurpation of the
rights of the people is less likely to occur in this Govern-
ment than in any other.

Legislators, henceforward liberty will be indestructible
in America. Observe the uncultivated aspect of this con-
tinent, which alone expels the idea of a monarchical form
of Government : its deserts invite us to independence.
Here there is no high nobility, no high church dignities.
Our wealth was almost nothing, and at present it is even
less. Although the church possesses influence, it is far
from aspiring to dominion, satisfied with its own preserva-
tion. Withourthis assistance, tyranny can never be per-
manent; and if some ambitious characters exert themselves
to raise empires, the example of Dessalines, Christophe,
and Iturbide tells them what awaits them. There is no
power so difficult to maintain as that of a new dynasty.
Buonaparte, the conqueror of all that opposed him, was not
able to overturn this rule, stronger even than empires.
And if the great Napoleon was not able to hold up against
the league of republicans and aristocrats, who could found
monarchies in America, on a soil illuminated with the bril-
liant flame of liberty, which consumes the materials of which
those royal Scaffolds are to be constructed ? No, legisla-
tors,
do not fear pretenders to the Crown ; it would be
on their heads like the sword hanging over Dionysius.
Those founders of modern dynasties, who are blind enough
to construct thrones on the ruins of liberty, will raise tombs
to their ashes, which will inform future generations how
they preferred their insane ambition to liberty and glory.
The Constitutional authority of the President of Bo-
livia is the most restricted of any that is known ; he only
names those employed in the departments of finance, of
peace and Iva; he commands the army. This is the ex-
tent of his powers.

The administration is entirely given to the Ministry, who
are responsible to the censors, and object to the jealous
vigilance of all the members of the Legislature, the
ma-
gistrates, judges, and citizens. The Custom-house officers
and the soldiery, the only agents of this Ministry, are not,
indeed, the most likely to engage popular favour on their
side; their influence, therefore, will be nothing.
The Vice-President is the Magistrate most fettered by
restraints that ever held command; he obeys conjointly the
Legislature and the Executive of a Republican Govern-
ment. From the former he receives laws ; from the lat-
ter orders; and between these two barriers he has to pro-
ceed in a path beset with difficulties and surrounded by
precipices. Notwithstanding these inconveniences, to
govern thus is preferable to absolute power. These con-
stitutional barriers strengthen his political conscience, and
afford him well-grounded hopes of meeting with a light to
guide him among the rocks by which he is surrounded;
they act as a support against the assaults of our passions
in consort with the self-interest of others.
In the Government of the United States it has been
latterly the practice to choose the Prime Minister to suc-
ceed the President. Nothing is so judicious in a RePoblie
as this; it has the advantage of placing at the head of the
administration a person experienced in the affairiof Go-
vernment. When he enters upon the exercise of his'
functions, he goes prepared, and carries with him the
breeze of popularity and a practical knowledge of business.

I have taken advantage of this idea, and Ihave established
it as a law.
The President of the Republic appoints the Vice-Presi-
dent, that he may govern the state, and succeed him in
the command. By this means, the period of elections is
avoided, which is productive of that • great scourge to re-
publics—anarchy, the luxury-of tyranny, 'end the most
dreadful as well as mostimmediate danger which threatens
popular Governments. By this- means also this dreaded
crisis passes over in Republici the 'same as in legitimate
monarchies.
The Vice-President must be a man of consummate in-
tegrity : for if the first magistrate does not *sleet an up-
right citizen, he must fear him as his most dangerous ene-
i my, and be in constant suspicion of his ambition s designs.
The Vice-President must endeavour to deserve by his set.
vices that confidence which is necessary to enable him to
carry into effect the duties of his office, and to hope to ob.
taro his great reward from the nation--the supi•eme. coin-
mend. The Legislative Body and the people will exact
capacity and talents from this magistrate; and will requite/
his blind obedience to the laws of liberty.
Hereditary succession is what principally tends to per-
petuate monarchical institutions, and makes them so gene.
ral throughout the world; how much more advantageous
is the order of succession I have proposed for the Vice-
President ? If the heirs of princes were chosen by, their
merits, and not by change; and instead of remaining in
inactivity and ignoranclt they were placed at the head of
the administration, they would doubtless become more en-
lightened monarchs,
. and would be the delight of their sub-
jects. Yes, legislators, those monarchical institutions
which govern the world, found their claims to'sipprobstion
on the order of hereditary succession which makes them
stable, and on union which makes them strong. For
this it is, that although a sovereign prince is a
spoiled child, shut up in his palace, educated by flattery,
and a victim to his passions; this prince, whom I will
venture to call the laughing-stock of mankind, governs a
portion of his fellow-creatures, because he preserves order
in the state of things, and subordination among his subject,
by the immutability of his power and the steadiness of his
policy. Consider, legislators, that these great advantages
are united in a president for life and an hereditary Vice.
President.
The Judicial Power which I propose it most completely
independent ; no where is it so much so. The people
present the candidates, and the Legislature chooses those
who are to fill the seat of justice. Unless the judges de-
rive their origin from the people, it is impossible to, pre-
serve in all its purity this safeguard to the rights of indi-
viduals. These rights it is, legislators, which constitute
liberty, equality, security, all the guarantees of social life:
The truly free constitution is written in civil and criminal
codes ; and the tyranny most to be dreaded is that exer-
cised by the tribunals in the name of the laws. Generally,
the Executive is but the depositor of the common weal;
but the tribunals are the arbitrators of what is our own, of
the property of individuals. The judicial power is the
measure of the prosperity or misery of the,people ; and it
there be liberty, if there be justice in the Republic, it is
distributed by it. The political organization, provided
the civil be perfect, is sometimes of little consequence ;
let the laws be religiously fulfilled ; let them be as in-
exorable as fate,

According to the opinions of the day, we of enures
have prohibited the rack and extorted confessions; we
have also cut off the prolongation of law suits in the in-
tricate labyrinth of appeals.
The territory of the Republic is governed by Prefeets,
GoveKnors, Correjidors, Judges of the Peace, and Mad-
den. My limits have not allowed me to enter into a de-
tail of their organization and of the extent to be given to
the jurisdiction of each; it is, however, my duty to pre-
sent to the Congress some regulations concerning the
government of the departments and provinces. Beer in
Militibir,;_chkeretiat'tli-Ine weitare of these depends the
felicity of the State. You can never pay too much atten-
tion to the)zood government of the departments. This
point is of the utmost importance in the science of legis-
lation; it is notwithstanding, too much overlooked.
The armed force has been divided into four parte—the
troops of the line, the navy, the national militia, and the
military corps of custom-house-officers. The duty of the
troops of the line is to defend the homier. God forbid
that they should turn their arms against their fellow-eiti-
zens. The national militia is sufficient to preserve internal
tranquillity. Bolivia does not possess an extensive coast;
a navy, therefore, would be useless; some day, notwith-
standing, we may have both one and the other. A corps of
custom-house officers, under military discipline, is in every
respect preferable to simple custom-house officers; this
service is more immoral than superfluous; it is, therefore,
the interest of the Republic to guard its frontiers with
troops of the line, and with troops of custom-house officers,
against the machinations of fraud.

-1
have proposed that the constitution of Bolivia should
be reformed at certain periods, according to the movements
of the intellectual world. The steps to be followed in the
introduction of reforms have been laid down as I have
thought most advisable.
The responsibility of persons in public situations is laid
down in the constitution of Bolivia in the most explicit
terms. With responsibility, without restraint, the State
becomes a chaos. I venture to urge strongly the members
of the Legislature to puss the strictest and most definite
laws upon this important subject. Every one talks about
responsibility, and there it ends. There is no responsibi-
lity, legislators : the Magistrates, Judges, and public Of-
ficers abuse their authority because the agents of the .00-
vernment are not under rigorous restraint, and the people
in the mean time, are the victims. I would recommend
the passing of a law which should direct every person em-
ployed under Government to give annually eireeeount of
his conduct.

The most complete guarantees have been established ;
civil liberty is the only true liberty; the rest ire merely
nominal, or have but little influence on the condition of the
people. Personal security, which is the object of man's
entering into society, and from which the others emanate,
has been guaranteed. With respect to that of property, it
will depend upon the civil code, to the composition of
which you ought immediately to dedicate your talents; for
the benefit of your fellow-citizens. I have preserved intact
the law of laws—equality ; without it all our guarantees,
all our rights are null. to it we must sacrifice every thing.
At its shrine I have immolated the infamous laws of
slavery.

•
"
Legislators I Slavery is an infraction of every law,' The
law which recognized it would be most sacrilegious., What
right can be alleged for its continuance ? Look
the
crime in every point of view, mid lam satisfied, there is
no one inhabitant of Bolivia so depraved as to pretend to
justify this most scandalous violation of the dignity of
man. One man to be owned by another i A man to be.
come property ! God's image put to the yoke like a beast!
Tell me, where is to be found a defence of these usurpers
of man ? Guinea cannot furnish it, for Africa, laid Waste
by fratricide, only presents a field of crime. The remains
of those African tribes having been transplanted here,
what power can sanction the right of, property over
these victims 1 To transmit, to prolong, to eternalize this
crime,
mingled with torments, is an outrage revoking
to our nature. To found a right to poesession upon the
most savage delinquency, could never be imagined with-
out overturning every element of justice, Without the most
doterrnitied perversion of every idea of our duties. No one
ran destroy the sacred doctrine of equality: and can
slavery exist where equality is proclaimed ? Suck emit's-
dictions would be taken as evidence of our want of sense,
rather than of justice; we should be considered snore as
madmen than as robbers.

If there did not exist a God, the protector of innocence
and liberty, I would prefer the condition of the lion, rang.
ing uncontrolled the desert and the forest, to that of a
captive at the mercy of a mean tyrant, who, an accomplice
of his crimes, will provoke the anger of Heaven hut no;
God has destined man for freedom; he protects him, that
he may exercise the heavenly gift of free will.

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