Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-11-10

oliy OF his power and the steadiness of his polio
CONSIDER, Legislators, that these great advantages
are united in President for life and an heredi-
tGry pIce President.
The Judicial Power which I propose il most
completely independent; no where il 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 derive their origin
from the people, il is impossible to preserve in all
ITS purity this safeguard to the rights of individuals
These rights II is, Legislators, which constitute
liberty, equality, security, all the guarantees of So
ciai life. The truly free constitution is written in
the civil aud criminal Codes and the tyranny most
TO be dreaded is that exercised by the tribunals in
the name of the laws. Generally The Executive is
but the depository of the common veal; but the
tribunals the arbifrstors OF what is our own of
the property OF individuals The Judicial Power
Is Inc measure OF the prosperity or misery of the
people, and If there be liberty if there be Justice
In the Republic IL i. distributed by it. The politi-
cal organization, provided the civil be perfect, is
sometimes of little consequence; lie, the laws be
re'igiously suflled let them be as memorable as
Fate.
According to the opinions of the day, we of
course have prohibited the rack and ex,orted con.
iessions; we hav' also cut of The prolongaiion of
law suits III the Intricate labyrinth of appeals.
The territory Of the Republic is governed by
Projects, Governors, Cerrejidores, Judges of the
Peace, and A.caldes. My limits have not allow
ed me to enter into detail of their organization
and OF the extent 10 be given TO the Jurisdiction
oil each; 1t -, however, my duty TO present TO
the Congress some regulations concerning the 60
vernment OF the Departments and Provinces
Bear In mind, Legislators, that nations are com
posed OF cities and cottage; and that on the well
fare OF these depends the felicity OF the State You
can never pay too much attention to the good go
vernment OF the Departments. This point is of
The utmost importance in the science OF legislation ;
1t is Notwithstanding, too much overlooked.
The armed force has been divided into four
parts; the troop. OF the line; the navy; the ma
tional militia; and the military corps of custom
house officers. The duly of the troops Of the line
is TO defend the frontier. God forbid that they
should turn their arms against their fellow citizens !!
The national militia is sufficient 10 preserve in
teIna tranquility. Bolivia does not possess an
extensive coast, navy, therefore, woui he use
less; some day notwithstanding, we may have
both one and the other a corps of custom house
officers under military discipline, is in every re-
spect preferable 10 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 Vaccinations
of fraud.
have proposed that the constitution OF Bolivia
should be reformed at certain periods, according
10 the movements OF the intellectual or!d The
steps to be followed in the introduction of re-
forms have been laid down as have thought most
advisable
The responsibility OF persons in public situations
is laid down in the constitution Of Bolivia in the
most explicit terms. Without responsibility,
withoat restraint, the Stale becomes a chaos
venture TO urge strongly the MsInbers OF the Lee
Slslature 10 pass The stricte,t and most definite
laws upon this important subject Every one talks
about responsibility, and there it ends There i.
10 responsibility, Legislators: The magistrates,
Judges, and public officers abuse their authority,
because The agents of the Government are not un-
der rigorous restraint, and the people, in the m
time, are the victims. / would recommend the
passing OF law which should direct every person
employed under Government to give annually an
account of his conduct.
The most complete guarantees have been e.
tablIshed cluI liberty is The only true liberty; tine
rest are merely nominal, have but little in
fnenCe on the condition of the People Personal
security, which is the object OF mans entering
into society, and from which the others erranate
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 fell
low citizens. | have preserved in fact the law of
laws-equolhy: without it, all our guarantees all
our rights are null. To il must sacrifice every
thing a. its shrine have inundated the in
famous laws of slavery.
Legislators! Slavery is an infraction of every
law. The law which recognized it would be most
saclIesous. What right can be alledged for It's con-
tinuance! Look upon this crime in every POINT
of view, and am satisfied there is not one inhat,i
tant OF Bolivia depr~ved as to pretend 10 Justify
tins most scandAlous violation OF the dignity Of
man. One man TO be owned by aDotherl a man
TO become property! Gods mage put to the woke
like a beast! Tell me, where is 10 be fourd a de
fence OF these usurpers OF man Guines cannot fur
nish it, for Africa, laid waste by fra,ricde opI
presents field OF crime. The remains OF those
African tribes having trans planted here, wha,
power sanction the right OF property over those
victims! To transmit, 10 proong, TO eternalize
this crime, mingled with tofments, is an Outrage
revolving 10 our nature. To found right to pos
session upon The most saysge DELINQUENCY. could
never be imagined without eyeriurning every elc-
meni OF justice, without the most determined PEI
version OF every idea 0f our duties No one can
destroy the sacred doctrine Of eqgaIily. and can
slavery exist where equality is proclaimed! Such
contradictions would be taken as evidence Of our
want OF sense, rather than OF justice; we should
be con-idered more rnadinen than as robbers.
II there DID not exist God, the protector Of
innocence and liberty, would prefer the condition
OF the lion, ranging uncontrolled the desert and the
forest, to that OF captive at the mercy Of a mean
tyrani. who, an accomplish Of his crimes will
provoke The anger OF Heaven: but no; God has
destined man for freedon he protects him, that he
may exercise the heavenly gift Of free tUH.
Legislators, will make mention of one article
which, according 10 my conscientious opinion, |
have omitted. In 4 political constitution no re,i-
gious persuasion ought 10 be prescribed; Tor, ac-
cording to the best doctrines upon constitutional
laws, they are the guarantees OF our political and
civil rights and as religion does not interfere with
any Of these rights it IS Of nature not 10 be de
hned in the regulations Of society but belong en-.