Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-12-23

liz security demands the arrest of an individu-
al. he shall be put into the hands OF the COM
petent tribunal within 48 hours. He shall not
impede or interfere with elections: nor absent
himself from the territory Of the republic,
nor even from the capital, without the leave OF
Congress, except in war when at the head OF
the troops; and then he may reside where the
army is. He must be above 80 years of age.
The Vice President, who is the successor and
heir presumptiye of the President, must have
the same qualifications lie is at the head OF
the ministry, and responsible for their acts he
cannot leave the capital nor the republic with
out the permission OF Congress.
OF the three Secretaries, one is at the ahead OF
the internal and external affairs the other ofthe
treasury. and the third, Of the departments OF
war and The navy They are under the imme-
diate direction Of the Weep President, and his
signature and that of the Secretary, 10 whose
department the matter relates, are absolutely
necessary 10 The validity of any order OF the ex-
ecutive.
Our readers will have remarked, that 1t is In
the form Of the Executive branch, that the Con
stitulon of Bolivia differs most from ours. The
idea of President for life and irresponsible
has seemed 10 many a paradox in republican
government: and indeed it is very novel and
remarkable feature. But we do not agree with
those, who think, tina, it necessarily precudes
the endowment OF rational liberty: at least, not
in this instance; for he is deprived oil nearly ev
cry power that might DE hurtiul We regard
the Constitution of Bolivia as an experiment &
intended for men not yet capable of complete
self-government. The great desideratum in
such design, is 10 give them as much OF the
republican and elective franchise, as they. can
bear, and remove for time those frequent and
general elections Of elevated officers, which
could only disturb their peace, and retarc their
progress to the knowledge Of self-government
We therefore are of opinion that the Presiden-
cy for life necessary and wise provision, as
applied to Bolivia. We certainly would not
recommend its adoption here, this republic is
not TO be compared to that.
Verum h3c tantum alias inter caput eXtullt
urbes
Quantum lcnta soient inter viburna eupressi
Nor would we recommend leading strings
or cradle to a man, or crutches to the sound,
or physic to the healthy: but we think it all i'm
portant for the cause of liberty, that, the South
Americans should be gradually, for they can
not be suddenly induced into repubicanism;
that they should be gradually accustomed to its
forms and practice; and that they should not
be exposed, by premature attempt to exer-
else all the privileges of enlightened and he
reditary freemen, 10 the loss OF freedom, sub
stitution Of anarchy, and final establishment OF
despotism. If president for life is a shadow
of king? it is shadow which will exclude
the reality. No one can be more opposed,
more firmly opposed, to monarchy, under any
shape, than we are, and especially on the soil
Of America: but we are firmly convinced, that
king, or emperor, or military despot with
some other name, will soon occupy the chief
magstracy Of Bolivia, if it be left at the dispo
sal of an ignorant and unsettled people. Whe
Their Colombia and the other South American
States are more advanced in the science of self
government, is not known:-We think that CO.
lombia is; but whether even she be yet suffi
GENTLY strong 10 be entrusted with the reins is
doubtful, and remains to be decided The Ii
berator has, in letters attributed to him, ex-
pressed his belief that the constitution Of Bolivia
would suit her also. We shall not contradict
him for it is highly probable that be knows
best. We are persuaded, however, that if she
adopt it, he will give another proof of his disin-
terestedness by laying down all authority, and re-
fusing to be pre- sent. As-we said before, we are
far from being dismayed by the usual features Of
this constitution for we consider i, as better cal
culated than more liberal one, for the preserva-
ton Of lberly in those regIons * because it can
be altered at any future day, when the people
are prepared for the virtuous exercise OF great
er rights, since they are the source, even now,
of all authority, the electors of all their rulers,
Some alterations, we think, however, might be
usefully made in the executive branch. There
are some powers, which the President need not
have possessed, and it had perhaps been better
to have established him during good behaviour
instead for life. His being uninpeachabIe
necessarily results from his being in for life.
1t is not, however, SO much with the executive
as with the Legislative branch that we find fault.
They are both confused and underlined; but tae
latter most so. The constitution is rather a
rough sketch, an ebauche, than a finished pro-
duction. Some parts are well conceived, but it
is in general badly executed. If he had copied
our Legislative structure, and substituted TO
our President his President for life, sc. we
should have been at loss to frame an instru-
inent for Bolivia more TO our satisfactio
These remarks have grown so much longer
than we intended or expected that we have time
10 notice only very briefly the judicial branch
of the constitution. 1t is very similar to that
of,he United States; being composed Of Su-
preme Court, District, and Circuit Courts
The supreme court seems 10 possess less pow