The New York herald., 1873-08-14
The Iberians Initiating tho Dec
laration Of Independence.
Can Distracted Spain Adopt Such
Commou-Seuse Laws?
The Inherent Rights Of Man, Trial by Jury,
Free Worship and Free Schools, Separation
Of Church and State, Abolition Of Ii.
Ties and Election Of President.

Below will be found the project of the new Spanish
constitution, which was adopted at the Palace OF
the Cortes the 18th OF July last. The first among
the signers, 1t will be observed, is the celebrated
orator Emilio CASTELAR,, and following are the names
OF some OF the most highly respected and talented
men that SPAN can show at the present moment.
The constitution contains many good points, being
based upon that OF this country, and, In word, Is
thoroughly democratic. Whether it will be adopted
by the whole Spanish people Is question of the
future but in the time 1t is safe to say that
thousands OF Spaniards will bite the dust ere 1t
passes into q general law. In the following
synopsis many matters OF detail are omitted 1t
being thought sufficient to give the general outline
OF the new constitution. Among the leading fea-
lures OF the production may be cited as "Spanlsh
rights' trial by jury abolition OF titles, free wor
ship. public schools, domiciliary rights, separation
O Church and State, &C. -
The Spanish nation, represented in Congress,
happiness TO It's subjects, do hereby sanction and
decree the following constitution for the federal
PRELIMINARY CHAPTER
All residents OF the Republic are entitled to the
following inherent rights:-
l. IEe right Of lie and It's protection
.. The rsht OF lree expression OF thought.
3. The Fight OF diffusion OF ideas.
a. The rights OF labor and commerce.
. 8. The right OF holding meetings.
6. The nights OF property without encumbrances
or entail.
I. Equality before the law.
s. Tne right OF trial by jury and the right OF dc
fence by counsel and the right tsic) Vi punish.
ment for an offence committed.
The foregoing are inherent rights and superior to
legislative enactnentS.
THE SPANISH NATION,
ARrrcEr 1.-The Spanish nation nation is composed of
the states OF Upper and Lower Andalusia, Aragon,
Asturias the Baearic and Canary Islands, Old and
New CASTLE. Catalonia, Cuba, Estremudura Gal
cia, Murcla, Navarro, Porto Rico, Valencia and
the Basque Provinces.
mac
present, unless 1t be found necessary to make ter
ritorial changes.
nobon Corsco and other African colonies shall have
the right to be classified States instead OF Prov
inces when they shah be sufficiently important.
CHAPTER TwO.-ThE RIGHTS OF sPANIARDs.
ARTICLE 1.-An persons born in Spanish territory
are considered Spanish subjects.
ART. Also the children OF Spanish ratner
and mother born on foreign territory.
ART. 3.-Aiiens who have become naturaized
are also spanish pa6lsi subjects; 3! ,ov ,,.
territory but who have not become naturalized,
may be likewise considered, alter lengthy resi-
however, that the question OF citizenship shall be
decided in case OF question by form Of law No
Spaniard or foreigner shall be arrested, except Tor
having committed a stated offence.
SPEEDY JUSTICE.
ART. 5.--The arrested person shall be brought
before an ofcer OF justice within the expiration OF
twentyfout hours, falling which he shall be set at
liberty. The Judge Of tile court before whom the
accused Is brought shall make decision as TO
what is to be done In the case within a delay of
seventyy-two hours and the prisoner shall be duly
no1ihed oil same, Go,,,c,, NV n,o,,n.
ART NO person shall have the right to enter
the domicie Of Spaniard or of q foreigner resi-
dent in spain without PERMISSION, except in the
case of fire, food or other urgent cases, among
which may be mentioned the saving OF life, or
when public safety demands that the house should
be occupied by military authorities. With these
exceptions domicliary right shall be strictly re.
the seizure OF furniture or papers, the seizure
shall be effected in the presence OF the interested
party, or should he be absent. in the presence Of
two respectable witnesses. Snould.a delinquent
IN fcgraate detictu, endeavOr to conceal himself in
domicle. the police officers shall have the right
OF following and arresting him.
THE TELEGRAPH AND POST OFFICE.
ART. Q-The government shall not detain or open
any letters entrusted to 1t while passing through
the Post once, and the same applies to Geographic
messages. Should the law require, however. that
the foregoing be not complied with in certain cases.
opened in the presence of the interested party or
parties before duly appointed authority.
ART. 10.-No detention OF dispatches or letters,
or arrest OF a citizen In conjunction herewith,
Judge Who snail wronSly order such ACTON % from rm
corrupt or insufficient motives shall be held liable
to pay the person arrested In conjunction with said
seizures OF letters or dispatches an indemnity not
less than five hundred Desetas 5000. Public offi.
cias will be held liable IN same manner for wrong
iul Imprisonment OF a citizen.
ART. 11.-Any public official found guilty OF
wrongfuly ejecting tenant VIII be held liable to
pay damages, to be fixed by the authorities.
ART 13.-No offender against the laws shall be
sentenced by any other judge or tribunal than that
which first heard the complaint aud has iull cog
courts shall be created for the hearing Of any
offence.
ILLEGAL ARRESTS.
ART. N.-Any person who may be Illegally ar
rested, according to the foregoing articles shall
upon his or any other citizens petition be set at
ART. 15.-No person shall be deprived for either
short or r. long period d. Of his property nor dis
cess OF law. Any public functlonary who shall
infringe this law shall be held personally liable. An
exception to this rule, however, is when either by
urgency OF fire and flood II shall be necessary TO
take possession of mans house for the common
good. In such case the sufferers shall be duly In
demniled.
ART. 16.-No person shall be called upon 70 pay
taxes except legal y enacted by the general gov
ernment or the corporations OF towns, cities and
villages. Any public official illegally claiming
money for such purposes snail be indcted ior Oh
tanning money under false preteDces.
VOTING PRIVILEGES.
ART. 1S.-All citizens enjoying civil rights shall
have the privilege OF voting at elections.
ART. 10 and 20-All Spaniards Shall have the
right OF openly expressing their opinions, either
orally, by writing or through the medium OF the
press: In addition to this public meetings shall be
permitted, provided always they are not In oppo.
sition to the exgences OF public order. The right
to send individual or collective petitions to Cortes
or to public functiOnarles shall also exist. No
petitions snail be obtained held to be legal when
obtained through armed force.
CENSORSHIP OF THEATRES ETC.
ART. 23.-Tne municipal authorities shall have
the right OF forbdding the performance Of any play
which shall offend either by word or dress, public
decency.
ART. N--All public NEE etings shall be held In the
open air and shall not infringe upon public
thoroughiares or be held IN the immediate vicinity
OF any city hall, State or federal courts
SECRET SOCIETIES.
ART. 25.-N0 society or association shall be SUD-
pressed whose bylaws are officially known and
whose members do not contract ''clandestiner
obligations toward each other