The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-22

subsequently enacted to carry out some OF its pro-
visions. This instrument, the essential features
of which seem to have been derived in part from
the constitution of the United States, and in part
from the French charter of 1880, declares, in the
first place, that the Dominicans erect themselves
into free, independent and sovereign nation,
under government essentially civil, republican,
popular, representative and responsible and de-
fines the limits of the national territory, which,
it states embraces the Spanish part of the Island
of St. Domingo and its adjacent isles-to be iden-
teal with those which in 1898 divided it on the
west from the French part. That is, embracing
about neutrality-suspicious. little more--of the
whole area OF the island.
All persons are declared to be citizens who were
born in the territory, and were residents at the
time of the drafting of the constitution as also
the children. OF all Spanish Dominican absentees
and their descendants, who, not having borne
within its limits. Those are declared capable of
becoming citizens-hrst, who acquire In the re-
public real estate of the value of six thousand
dollars and secondly, those who, by their per-
lshnents, under the title of proprietors owners.
But foreigners comprehended in these last two
classes cannot enjoy political rights until after a
residence OF SIX years IN the territory. This
period, however, Is reduced to three years-first,
In favor. of those foreigners who marry Domi-
nican wife and secondly, of those who form agri-
cultural establishments the value of which amounts
to at least twelve thousand dollars All foreigners
not belonging to hostile nation are declared to
be admissible into the territory of the republic, if
they profess any art, science or useful industry,
and are guaranteed the enjoyment of civil rights,
being declared to be under the safeguard Of the
national honor from the moment they step upon
the soil of the republic
The Domnicans are declared to be born and to
remain free, and equal in right, slavery being
forever abolished; and all are eligible to public
offices and employments. Individual liberty Is
secured. No one can be prosecuted except In con-
formitv with pre-existing law, and in the manner
1t .prescribes. Nor can any one be imprisoned,
unless taken IN the criminal act, except on the
order of Judge, setting forth the cause of the
arrest; and this must be made known to the
party arrested at once or at latest within the space
of four-and-twenty hours The confscation of
property can never be imposed as a punishment
TOR or consequence OF crime; nor can private pro-
perry be taken from its owner, except where the
public good requires it; in which case he is to be
indemnifed Its value, to be ascertained by just
appraisement.
The residence or dwelling house of every citizen
is declared to be a sacred and inviolable ASYLUM:
and no domiciliary visits are to be allowed, ex-
cept IN cases provided for by law, and with the
formalities it prescribes. No censorship of the
press is to be allowed. All Dominlcans are per-
united to print and publish freely whatever they
think proper, being responsible solely for the abuse
of the right to the laws.
A subsequent law has defined what shall consti-
tute such abuse, and limits it to five classes of
cases, namely-pubishing maxims or doctrines
that tend directly to destroy or subvert the reg
of the State, or the constitution of the republic
publishing maxims or doctrines intended to excite
rebellion, or cause any disturbance of the public
tranquility; melting directly. to the violation of
any law or legitimate authority, or instigating to
this violation by invective or satire; publishing
obscene writings, or such as are contrary to good
morals inluring any individual or individuals by
infamous libels, stigmatising his or their private
oI,, Hxo,r
The author or editor of such imputatons is al
lowed, in exculpation, to offer IN evidence the
truth of his charges. Allegations against public
funcuonaries IRE embraced within the same pro-
vision.
The constitution proceeds to declare that no
person can be compelled to do what the law does
not command, nor prevented from doing what it
does not forbid. Public instruction is to be es-
tuitous in all the elementary branches. Schools
for this purpose are to be established throughout
the territory of the republic The details in regard
to those elementary branches, as well as the
higher ones, are to be regulated by law. To carry
out this provision of the constitution, the Congress
passed law the following year, establishing one
elementary school in each of the communes Cor
parishes) of the republic, and two in each pro-
vincial capital. These last can be transformed
into higher schools, if expediency suggests 1t. In
principles OF religion, the Castiian grammar, and
the other usual branches of common school edu-
cation. The law places the general supervision of
education under the Minister of Public Instruction
right OF forming assoclations-of peaceably as
sembling, without arms-and of petition to the
President, or to the National Congress, as indi-
viduals, one or many, but not in the name of
collective or corporate body. No law can be made
to have retroactive effect; nor can any be en-
acted that is contrary to the spirit letter of this
constitution. In cases of doubt the letter is to
prevail.
n.
clared to be the religion of the State its minister's
In whatever pertains to the exercise of the eccle-
siastlcal ministry, are dependent solely on the
prelates economically appointed The article stops
here, nor does the constitution say any thing what
ever on the subject of religious toeration or make
any asion to other forms or doctrine of religious
faith. shall again advert to this subject in the
latter part of this letter
The sovereignty is declared to reside in the
universal body Of the citizens, and is to be exer-
cised by three delegated powers, corresponding to
the three coordinate branches of our own govern
menr: The members of both houses of the ma
tional congress are chosen for six years. The
upper house, or as it is called the conservative
council, consists of five members, one for each
province of the republic, and is renewed integrally
every six years The lower house, or tribunate, is
composed of fifteen members, apportioned by law
among the provinces, and is renewed by third
parts every two years Naturalzed foreigners are
not eligible to the lower house, until after resi-
dence in the republic of ten years from the time
OF their naturalization.
The executive power is vested in president,
who is chosen for four years, in manner similar
TO ours II Is provided, however, that the first in
cnmbent shall retain his seat for two terms, or
eight years. He is liable TO impeachment and
trial for malversation in office, as in the United
States. Connected with this department is the
ministry, represented by four heads-the minister
of Justice and public instruction., of the Interior
and police, of finance and commerce, and Of war
and the navy. The department OF foreign affairs
is to be filled by any one of these secretaries,
Different from ours, they have right to appear in
Congress, and take part in the discussion and
action on any measures connected with their re-
spective departments and, on the other hand, they
are obliged to present themselves, whenever
summoned TO do so by that body.
The Judiciary department consists OF several
grades of tribunals; the Alcaldes, OF Justices of