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London, England, 1826-12-15 00:00:00

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"TONERS for VICTUALLING Just public. nhority of , F.4
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instant, they will be ready to bl/4., MANNERS, t.
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silence of the pas- construct.
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which will inform futures,
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complaint for infraction of the laws, and for abuses of
the magistrates: I may venture to say with some founda-
tion 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 executive power ; and the G )vernment his
acquired fresh guarantees, more popularity, and addi-
tional claims to rank among those who are most dis-
tinguished for their democratic principles.
Every ten citizens name an elector; the nation is
thus represeuted 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. He must profess some science or an art,
by which he can secure an honest livelihood. None
ate excluded but those who are vicious, idle, and grossly
ignorant. Knowledge and honesty, n money, a.e
what is required•for the exercise of the rights Of.t.;.e
'people..
The T..-gislaiive poly •is so composed that it must
,nrcessarily harmonize amongst its different parts;. it
will never be found divided for want of a Judge to
allscrate, as frequently occurs where there are only two
Chambers. There being here Once, the difference be-
tween two is decided by the third ; the question is ex-
amined by two contending parties, and another impar-
tial one who decides it ; io this way no useful law is put
aside, or at all events it will have beau discussed once,
twice, or three limes before it be rejected. In all affairs
between two adverse patties a third is chosen to decide,
and would it not be absurd not to adopt a measure,
di _toted by impel ions necessity, io the mast important
interests of society ? The Chambers will thus preserve
towards each other those considerations which are in-
dispensable to the conservation of the union of the
whole, who ought to deliberate in the silence of the pas-
sions, in the calmness of wisdom. Modern C.ingresses,
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 to be represented in
two Chambers; and if in North America they did the
same, although they had not nobility, it is probable that
habits derived front their living under the British Go-
vernment induced them to imitate it. The fact is, that
two deliberating bodies must be in a continual state of
contention; on this account Skye; 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
interference on the part of the Legislature.
The Senators have the formation of the codes and
ecclesiastical regulations; they watch over the admi-
nistration of justice and over public worship. The
Senate chooses the Prefects, Judges of Districts, Go.
vernors, Coirejidors, and all other persons filling sub-
ordinate situations in the Courts of Justice. It proposes
to the Chamber of Censors the members of the High
Court of Archbishops, Bishops, Prebends, Etc. What-
ever has relation to religion and the laws is under the
supe! intendance of the Senate.
The Censors exercise a political and moral authority,
which has some 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 observauce of the Consti-
tution 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, the arts, public instruction, and the press.—
The Censors exercise the most terrible as well as the
most august functions. They condemn to eternal op-
probrium the usurpers of sovereignty and illustrious
criminals. They grant public honours to the services
ADDI=S/Or CILIMRAL BOLIVAR TO TUX CONSTITITENT CONCUSS OT DO. and viitues of illustrious citizens. The appreciation of
LIVIA. •CCOMP•XTUIO TUX FLAX 07 • COUSTITITTION FOR THE GO- glory has been confided to their hands ; the Censors
VIRIDIRMT OF TUAT /YAM
LZGISLATORS!—On presenting you with a plan of ought, therefore, to be of unsullied innocence and un-
a constitution for Bolivia, I feel myself overwhelmed spotted life. If they err, they shall be accused even for
with confusion and timidity, from a persuasion of my trifling faults. To these priests of the laws have been
unfitness for the task. When I reflect that the wisdom confided the custody of our sacred tables, for they it is
of ages is net sufficient to draw up one fundamental who are to prevent their profanation.
law which is perfect, and that the most enlightened The President of the Republic, in our constitution,
legislator is the immediate cause of human mi. becomes as the sun which, immovable in the centre,
eery, and a mockery, as it were, of his divine mis., gives life to the universe. This supreme authority should
sion, what am I to say of the soldier who, born be perpetual, because in those forms of society where
amongst slaves, and buried in the deserts of his hereditary rank is unknown, a fixed point, around which
country, has seen nothing but captives in chains, and magistrates and citizens, men and things should re-
brethren with arms in their hands to break them? I a volve, is required more than in others. "Give me a
lace to stand upon," said one of the ancients, I, and I
legislator ! Your mistake and my engagement dispute P
the preference : 1 cannot say who suffers most in this
will move the world." In Bolivia this point is the Pre-
dreadful alternative—you, from the evils you must ap-
sideat for life. Upon him depends all the regularity of
our system, without on that account his possessing any
prebend from the laws you have asked of me; or I,
from the disgrace to which your confidence con-
active interference. He has been deprived of his head
demos me.
that his intentions may not excite alarm, and his hands
I have made every effort to explain to you my have been tied that he may injure no one.
opinions on the manner of governing free men accord-
• The President of Bolivia possesses some of the powers
lug to the principles adopted amongst civilized nations, given to the Executive in the United States, but under
restrictions favourable to the people. His continuance
although the lessons of experience only present long
in power is the same as that of the President of Hayti.
series of disasters, interrupted by occasional gleams of
goad fortune. What guides are we to follow through
I have taken for Bolivia the executive of the most de-
the gloom of such sorrowful examples? mocratic Republic in the world.
Legislators, your duties call upon you to resist the The island of Hayti (you will forgive me thus di-
shocks of two powerful enemies which are constantly gressing from my subject) was in a continual state of
disturbance; after having tried an Enopeior, a King,
contending with each other, and both will attack you
at once; tyranny and anarchy form an immense ocean a Republic, all known f ,rms of Government, and
of oppression, which surrounds a small island of liberty, others beside, she wis forced to have recourse to the
illustrious Petion for her salvation.. They placed their
perpetually struggling against the violence of the waves
and hurricanes incessantly threatening to bury her in the confidence in him, and the destiny of Hayti was no
deep. This is the sea in which your frail bark has to Ira-
longer subject to vacillation. On Petion being chosen
vigate, and whose pilot is so inexperienced.
President for life, with power to choose his successor,
The plan of a constitution for Bolivia is divided into neither the death of this great man, nor the succession
four political powers; one more having been added, of the new Pre ident, have caused the least commotion in
without complicating the principal division of each of the State; every thing has gone on under the distin-
the others. The electoral power has received attribu-
guished Buyer with the tranquillity of a legitimate
tions which were not given to it in other Governments, monarchy—a triumphal proof that a President for life,
generally considered to be most liberal. These attribu-
with the power of naming his successor, is the most
.b_ feature in the Republican system.
eresident of Bolivia will be less dangerous than
wise easy, to give to the immediate representatives of
tions very much resemble those of the Federal System.
admirable
President
It has appeared not only prudent and useful, but like-
..n
that of Hayti, the modeof succession being more secure
for the welfare of the State. Besides, the President of
the people, the privileges which would be most coveted
by the citizens of each department, its provinces and Bolivia is deprived of all influence ; he neither appoints
cantons. No object is of more importance to a citizen the Magistracy,istracy, nor the Judges, nor to Ecclesiastical
than the election of his legislators, magistrates, judges, _
Odices, however subordinate they may be. This depri-
and pastors. The electoral colleges of every province vation of power has never yet taken place in any well
represent its wants and interests; and are the organs of constituted Government; it adds obstacle to obstacle in

Legislators, hencefor ward liberty w:11 be indestructi-
ble in America. Ots,erve the uncultivated aspect of
this continent, which alone expels the idea of a mo-
narchical form of Government: its deserts invite us to
independence. Here there is no high nobility, nd high
church dignities. Our wealth was almost n,thing, and
let present it is even less. Although the chinch pos-
seises influence, it is far from aspiring to dominion,
satisfied with its own preservation. Without this assist-
ance, tyranny can never be permanent; and if some
ambitious characters etert themselves to raise empires,
the example of Dessalines, CluistOphe, 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 aristrocrats, who
could found monarchies in America, on a soil illumi-
nated with the brilliant flame of liberty, which consumes
the materials of which those royal scaffolds are to be
constructed ? No, legislators, do not fear pretenders
to the Crown ; it would be on their heads like the sword
hanging over Dionysius. Those founders of modern
dynasties, wbo 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 Boli-
via is the most restricted of any that is known; he
only names those employed in the departments of
finance, of peace and war; he commands the army.
This is the extent of his powers.
The administration is entirely given to the Ministry,
who are responsible to the censors, and subject to the jea-
lous vigilance of all the members of the Legislature, the
magistrates, judges, and citizens. The Custom-house
officers and the soLliery, the only agents of this Minis-
try, are not, indeed, the most likely to engage popular
favour on their side; their influence, there.oie, will
be nothing.
The Vice. President is the magistrate most fettered by
restraints that ever held command ; he ()Imp conjointly
'the Legislature and the Executive of a Republican Go-
vernment. From the former he receives la i's; from
the latter orders ; and between these two barriers he has
to proceed in a path beset with difficulties and sur-
rounded by precipices. Notwithstanding these incon•
veniences, to govern thus is preferable to absolute
power. These constitutional 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 suppoit
against the assaults of our passions in concert with the
self-interest of others.

SOCIWI'Y for the DISCHARGE and RELIEF of PERSONS
IMPRISONED for SMALL DEBTS.
Craven-street, Strand, December 6, 1826.
BENEFACTIONS SINCE THE LAST.REPORT,
VIZ. iC s. d.
Lis !loyal Highness the Duke of Gloucester, Thur.
_ _

trriali lienefisetios .
11.,:ht lion. I.Eril Ik:icy, on Visiting the. County
Vaal, ar Maidstone . . .
Rabin 11.rclay, Esq. Tenth Benefaction
Simml 3;itchell. Esq. .
IViti. Ellis Gosling, Esq. . .
Itrajamin Sli,rpr, Esq.
}:,!r: and Hassell, Esq. .
Bev. B. (11.rItArood . •
lticbard Ler, E.l. per Whitmore and Co.
William Il•c!.tord, Esq. per ditto
liotiourable Mts. Ann Vernon, per Hoare'

21 0 0

2 0 0
. f.l 0 0
. 0 0
4. 2 2 0
A. 2 2 0
A. 2 2 0

A. 2 2 0

A. 5 5 0
~ A. 2 2 0
A. 1 1 0

£Bl 16 0

Discharged and relieved from various Prisons, 97
Dzbturs, for the sum Of .
CniAL:ered the Cases of -
Approved - - -
Ilea rred for further Enquiry •
Ilej, red - -
Considered Inadmissible

- £291 2s. 3d
80 Petitioners
55
3
5 and
f!.

Benef.ictions are received by John Camden Neild, Esq. the
Treasurer, Cheyne-walk, Chelsea; also by klessrs. Herries, Far-
quhar, and Co. St. James's-street; Hoares, Fleet-street ; Whit-
more and Co. Lombard-street; Cocks and Co. Charing-cross;
Durrien and Cu. Finch-lane, Cornhill ; Hammersleys, Pall-mall ;
l',res and Co. No. 77, Lombard-street ; and by Mr. Grasswell,
the Secretary, No. 7, Craven-street, Strand, where the Books may
be wen by those who are inclined to support this Charity, and
where Cie Society meet on the first Wednesday in January next.

In the Government of the United States it has been
latterly the practice to choose the Prime Minister to
succeed the President. No:hing is so judicious in a
Republic as this: it has the advantage of placing at the
head of the Administration a person experienced in the
affairs of Government. When he eitters upon the ex-
ercise of his functions, 1 e goes prepared, and carries
with him the breeze of popularity and a practical kdove-
ledge of business. I have t iken advantage of this idea,
and I have established it as a law.

The President of the Republic appoints the Vice
President, that he may govern the Sate, and succeed
him in the command. By this means the period of
elections is avoided, which is productive of that great
scourge to republics—anarchy, the luxury of tyranny,
and the most dreadful as well as most immediate dan-
ger which threatens popular Governments. By this
means also this dreaded crisis pas es over in Republies
the same as in legitimate m marchies.
The Vice President must be a man of con,ummate
integrity ; for if the first Magistrate does not select an
upright citizen, he must fear him a, his most d.rngerous
enemy, and be in constant suspicion of his ambitious
designs. The Vice President mutt endeavour to demi*
by his services that confidence which is necessary 11
enable him to carry into effect the uuties of his high
office, and to hope to obtain his great reward from the
nation—the supreme command. The Legislative Body
and the people will exact capacity and talents iron" this
Magistrate, and will require his blind obedience to the
laws of liberty.

Her.-clitary succession is what principally tends to
perpetuate monarchical institutions, and makes them so
general throughout the world ; how n was more ad-
vantageous 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 chance ; and instead
of remaining in inactivity arid ignorance, they we re
placed at the head of the administration, they would
doubtless become mole enlightened Monarchs, and
would be the delight of their subjects. Yes, legislators.
those monarchical institutions, which govcru the w, rld,
found their claims to approbation on r! e order cl h.te-
ditAry succession which makes them stable, and an
union which makes them strong. For this it i 3, that
although a Sovereign Prince is a spoiled shut up
in his palace, educated by flattery, and a victim to
passions; this Prince, whom I will venture to call the
laughingstock of mankind, governs a portion of his
fellow-creatures, because he preserves order in the state
of things, and subordination among his subjects, by the
immutability of his power and the steadiness of his
policy. Consider, legislators, that these great advaris
sages are united in a President for life and an hereditary
Vice President.

The Judicial Power which I propose is most com-
pletely independent; nowhere is it so much so. The
people present the candidates, and the Legillature