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government: its deserts invite us given to the ministry, who are re to independence. Here there is sponsible to the censors, and object no high nobility, no high church to the jealous vigilance of all the dignities. Our wealth was almost members of the legislature, the nothing, and at present it is even magistrates, judges and citizens. less. Although the church pos- The Custom-house officers and sesses influence, it is far from as the soldiery, the only agents of piring to dominion, satisfied with this ministry, are not, indeed, the its own preservation. Without most likely to engage popular this assistance, tyranny can never favour or their side; their inflube permanent; and if some am ence, therefore, will be nothing. bitious characters exert themselves The Vice-president is the mato raise empires, the example of gistrate most fettered by restraints Dessalines, Christophe, and Iture that ever held command; he obeys bide tells them what awaits them. conjointly the legislature and the There is no power so difficult to Executive of a republican governmaintain as that of a new dynasty. ment. From the former he reBuonaparte, the conqueror of all ceives laws; from the latter that opposed him, was not able to orders; and between these two overturn this rule, stronger even barriers he has to proceed in a than empires. And if the great path beset with difficulties and Napoleon was not able to hold up surrounded by precipices. Notagainst the league of republicans withstanding these inconveniences, and aristocrats, who could found to govern thus is preferable to abmonarchies in America, on a soil solute power.

These constitu. illuminated with the brilliant flame tional barriers strengthen his poof liberty, which consumes the litical conscience, and afford him materials of which those royal well-grounded hopes of meeting scaffolds are to be constructed ? with a light to guide him among No, Legislators, do not fear pre- the rocks by which he is surroundtenders to the Crown; it would ed; they act as a support against be on their heads like the sword the assaults of our passions in conhanging over Dionysius. Those cert with the self-interest of others. founders of modern dynasties, who In the government of the United are blind enough to construct States it has been latterly the thrones on the ruins of liberty, practice to choose the prime minwill raise tombs to their ashes, ister to succeed the president. which will inform future genera- Nothing is so judicious in a retions how they preferred their public as this; it has the advaninsane ambition to liberty and tage of placing at the head of the glory.

administration a person experienThe constitutional authority of ced in the affairs of government. the president of Bolivia is the most When he enters upon the exercise restricted of any that is known; of his functions, he goes prepared, he only names those employed in and carries with him the breeze of the departments of finance, of popularity and a practical knowpeace and war ; he commands the ledge of business. I have taken army. This is the extent of his advantage of this idea, and I have powers.

established it as a law. The administration is entirely The president of the Republic

appoints the vice-president, that found their claims to approbation he may govern the state, and suc on the order of hereditary succesceed him in the command. By sign which makes them stable, and this means, the period of elections on union which makes them strong. is avoided, which is productive of For this it is, that although a that great scourge to republics sovereign prince is a spoiled child, anarchy, the luxury of tyranny, shut up in his palace, educated by and the most dreadful as well as flattery, and a victim to his pas most immediate danger which sions; this prince, whom I will threatens popular governments. venture to call the laughing-stock By this means also this dreaded of mankind, governs a portion of crisis passes over in republics the his fellow-creatures, because he same as in legitimate monarchies. preserves order in the state of

The vice-president must be a things, and subordination among man of consummate integrity : for his subjects by the immutability of if the first magistrate does not se- his power and the steadiness of his lect an upright citizen, he must policy. Consider, Legislators, that fear him as his most dangerous these great advantages are united enemy, and be in constant sus« in a president for life and an

here picion of his ambitious designs. ditary vice-president. The vice-president must endeavour The judicial power which I proto deserve by his services that con- pose, is most completely indepenfidence which is necessary to en- dent; no where is it so much so. able him to carry into effect the The people present the candidates, duties of his high office, and to and the legislature chooses those hope to obtain his great reward who are to fill the seat of justice. from the nation—the supreme Unless the judges derive their command. The legislative body origin from the people, it is imand the people will exact capacity possible to preserve in all its purity and talents from this magistrate; this safeguard to the rights of and will require his blind obedi- individuals. These rights it is, Leence to the laws of liberty, gislators, which constitute liberty,

Hereditary succession is what equality, security, all the guaranprincipally tends to perpetuate tees of social life. The truly free monarchical institutions, and makes constitution is written in the civil them so general throughout the and criminal codes; and the tyworld; how much more advanta- ranny most to be dreaded is that geous is the order of succession ļ exercised by the tribunals in the have proposed for the vice-presi- name of the laws. Generally, the dent? If the heirs of princes Executive is but the depositary of were chosen by their merits, and the common weal; bụt the tribunals not by chance; and instead of re are the arbitrators of what is our maining in activity and ignorance own, of the property of individuals. they were placed at the head of The judicial power is the measure the administration ; they would of the prosperity or misery of the doubtless become more enlightened people, and if there be liberty, if monarchs, and would be the de- there be justice in the republic, it light of their subjects. Yes, is distributed by it. The political Legislators, those monarchical in- organization, provided the civil be stitutions which govern the world, perfect, is sometimes of little con

sequence; let the laws be religi- immoral than superfluous ; it_is, ously fulfilled ; let them be as in- therefore the interest of the Reexorable as fate.

public to guard its frontiers with According to the opinions of the troops of the line, and with troops day, we of course have prohibited of Custom-house officers against the rack and extorted confessions; the machinations of fraud. we have also cut of the prolonga I have proposed that the constition of law-suits in the intricate tution of Bolivia should be reforma labyrinth of appeals.

ed at certain periods, according to The territory of the Republic is the movements of the intellectual governed by prefects, governors, world. The steps to be followed corregidors, judges of the peace, and in the introduction of reforms have alcaldes. My limits have not al- been laid down as I have thought lowed me to enter into a detail of most advisable. their organization and of the ex The responsibility of persons in tent to be given to the jurisdiction public situations is laid down in of each; it is however my duty to the constitution of Bolivia in the present to the Congress some re most explicit terms. Without regulations concerning the govern- sponsibility, without restraint, the ment of the departments, and pro- state becomes a chaos. I venture vinces. Bear in mind, Legislators, to urge strongly the members of that nations are composed of cities the legislature to pass the strictest and cottages ; and that on the wel and most definite laws upon this fare of these depends the felicity important subject. Every one of the state. You can never pay talks about responsibility, and too much attention to the good go there it ends. There is no responsivernment of the departments. bility, Legislators: the magistrates, This point is of the utmost im- judges, and public officers abuse portance in the science of legisla- their authority, because the agents tion; it is, notwithstanding, too of the government are not under much overlooked.

rigorous restraint; and the people, The armed force has been di- in the mean time, are the victims. vided into four parts—the troops I would recommend the passing of of the line, the navy, the national a law which should direct every militia ; and the military corps

of person employed under governCustom-house officers. The duty ment to give annually an account of the troops of the line is to de of his conduct. fend the frontier. God forbid that The most complete guarantees they should turn their arms against have been established ; civil liberty their fellow-citizens! The national is the only true liberty ; the rest militia is sufficient to preserve in are merely nominal, or have but ternal tranquillity. Bolivia does little influence on the condition of not possess an extensive coast; a the people. Personal security, navy, therefore, would be useless; which is the object of man's entersome day, notwithstanding, we ing into society, and from which may have both one and the other. the others emanate, has been A corps of Custom-house officers guaranteed. With respect to that of under military discipline, isin every property, it will depend upon the respect preferable to simpleCustom- civil code, to the composition of house officers; this service is more which you ought immediately to

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three-fourths of the discriminating ciprocal regulations had continued duties which had been levied by in force several years when the each party upon the vessels of the discriminating principle was reother in its ports, have already sumed by the Netherlands in a been removed, and on the first of new and indirect form, by a next October, should the conven« bounty of ten per cent in the shape tion be still in force, the remaining of a return

of a return of duties to their nafourth will be discontinued. French tional vessels, and in which those vessels laden with French produce,

of the United States are not perwill be received in our ports on mitted to participate. By the act the same terms as our own; and of congress of the 7th January, ours, in return, will enjoy the 1824, all discriminating duties in same advantages in the ports of the United States were again susFrance. By these approximations pended, so far as related to the

an equality of duties and of vessels and produce of the Nethercharges, not only has the com- lands, so long as the reciprocal merce between the two countries exemption should be extended to prospered, but friendly dispositions the vessels and produce of the have been, on both sides, encou- United States in the Netherlands. raged and promoted. They will But the same act provides, that, in continue to be cherished and cul- the event of a restoration of dise tivated on the part of the United criminating duties, to operate States. It would have been gra- against the shipping and commerce tifying to have had it in my power of the United States, in any of the to add, that the claims upon the foreign countries referred to there, justice of the French government, in, the suspension of discriminating involving the property and the duties in favour of the navigation of comfortable subsistence of many of such foreign country should cease, our fellow-citizens, and which and all the provisions of the acts have been so long and so earnestly imposing discriminating foreign urged, were in a more promising tonnage and impost duties in the train of adjustment than at your United States, should revive and last meeting; but their condition be in full force with regard to that remains unaltered.

nation. With the government of the In the correspondence with the Netherlands, the mutual abandon- government of the Netherlands ment of discriminating duties had upon the subject, they have conbeen regulated by legislative acts tended that the favour shown to on both sides. The act of congress their own shipping by this bounty of the 20th of April, 1818, abolished upon their tonnage is not to be all discriminating duties of impost considered as a discriminating duty. and tonnage, upon the vessels and But it cannot be denied that it produce of the Netherlands in the produces all the same effects. ports of the United States, upon Had the mutual abolition been the assurance given by the govern- stipulated by treaty, such a bounty ment of the Netherlands, that all upon the national vessels could such duties operating against the scarcely have been granted coule shipping and commerce of the sistently with good faith. Yet, as United States, in that kingdom, the act of congress of the 7th Jan. had been abolished. These re« 1824, has not expressly authorised

sequence; let the laws be religi- immoral than superfluous; it is, ously fulfilled ; let them be as in therefore the interest of the Reexorable as fate.

public to guard its frontiers with According to the opinions of the troops of the line, and with troops day, we of course have prohibited of Custom-house officers against the rack and extorted confessions; the machinations of fraud. we have also cut of the prolonga I have proposed that the constition of law-suits in the intricate tution of Bolivia should be reformlabyrinth of appeals.

ed at certain periods, according to The territory of the Republic is the movements of the intellectual governed by prefects, governors, world. The steps to be followed corregidors, judges of the peace, and in the introduction of reforms have alcaldes. My limits have not al- been laid down as I have thought lowed me to enter into a detail of most advisable. their organization and of the ex The responsibility of persons in tent to be given to the jurisdiction public situations is laid down in of each; it is however my duty to the constitution of Bolivia in the present to the Congress some re most explicit terms. Without regulations concerning the govern- sponsibility, without restraint, the ment of the departments, and pro- state becomes a chaos. I venture vinces.' Bear in mind, Legislators, to urge strongly the members of that nations are composed of cities the legislature to pass the strictest and cottages ; and that on the wel- and most definite laws upon this fare of these depends the felicity important subject. Every one of the state. You can never pay talks about responsibility, and too much attention to the good go- there it ends. There is no responsivernment of the departments. bility, Legislators: the magistrates, This point is of the utmost im- judges, and public officers abuse portance in the science of legisla- their authority, because the agents tion; it is, notwithstanding, too of the government are not under much overlooked.

rigorous restraint; and the people, The armed force has been di- in the mean time, are the victims. vided into four parts—the troops I would recommend the passing of of the line, the navy, the national a law which should direct every militia ; and the military corps of person employed under governCustom-house officers. The duty ment to give annually an account of the troops of the line is to de- of his conduct. fend the frontier. God forbid that The most complete guarantees they should turn their arms against have been established ; civil liberty their fellow-citizens! The national is the only true liberty ; the rest militia is sufficient to preserve in are merely nominal, or have but ternal tranquillity. Bolivia does little influence on the condition of not possess an extensive coast; a the people. Personal security, navy, therefore, would be useless; which is the object of man's entersome day, notwithstanding, we ing into society, and from which may have both one and the other. the others emanate, has been A corps of Custom-house officers guaranteed. With respect to that of under military discipline, isin every property, it will depend upon the respect preferable to simpleCustom- civil code, to the composition of house officers; this service is more which you ought immediately to

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