424 



CONSTITUTION LE CONS TIT UTIONNEL. 



the estates of the province of tin- l.v\ver Hhlne petitioned the 

 king not lo nboli-h thf triiil by jury, wliirh hud been in use on 

 tin- left bank of the Rhine from the turn* when tli.it district 

 had been connected with France, the king was highly dis|ilea*. 

 ed, and reminded the estates that tliey were convened only to 

 consider what was laid before them by Ins mar.-hal. 6. i'he 

 electorate of Hesse-Cassel. In 1815, the elector, having resnio. 

 ed possession of the electorate, alter the nbulition of the king- 

 dom of Westphalia, convened not only the old estates, those ,.I 

 the nobility, clergy, and cili/.ens, but ;il-u that of I lie peasants, 

 which gave rise to animadversion ; and, on the assembly'd dis- 

 agreeing to the new constitution, whicli he presented to them, 

 the el.'ctor dissolved the body; since which time the govern- 

 meiit has been entirely absolute. 7. The land-graviate Of He->e- 

 Hoinliurg. 8. The duchy f Anhalt. Dec. 5!8, 1810, this little 

 country received from the reigning duke a constitution, mo. 

 ilelled entirely on tlmt of the French empire ; but the guardian 

 of IIH successor suspended the constitution, Oct. it, IHI^. '.). 

 The principalities of Hnhen/.ollern-Heehingen and Siogmurin. 

 -.II. 10. Tlie principality of Sehwarzburg-Sondershaiisen. II. 

 The duchy of Oldenburg 1)J. The duchy of Holstein. Both 

 the latter, however, are about to receive, according to public 

 report, constitutions founded on the estates. 13. The kingdom 

 if Denmark, in which the ancient constitution was abolished 

 in IrttiO. The people co-operated with the government in the 

 overthrow of the old system, as it was favourable only to the 

 nobilry and the privileged corporations, the former of whom 

 preatly abused their poweru. 14. The empire of Russia. 15. 

 Turkey. 



America. The British colonies in North America, before the 

 declaration of the independence of the United States, were all 

 governed by charters from the crown of Britain, the principal 

 features of which were a house of representatives, and a go. 

 vernor and body of counsellors, the first chosen by the people, 

 the two last appointed by the king (or proprietors), except in 

 the cases of Connecticut and Rhode Island plantations, in whicli 

 the people were empowered to choose all their officers. The 

 constitution prepared by the distinguished philosopher, John 

 Locke, for South Caroliua, at the request of the proprietors of 

 the territory, operated no better than Plato's republic would 

 probably have done, if it had ever been put into practice. The 

 constitution consisted of 120 articles, and was founded on aris- 

 tocratical and feudal principles. Three classes of nobility were 

 to be established, viz., barons, caciques, and landgraves. The 



"t one house only, was composed of the lords, proprietors, 

 Undqraves, caciques, and deputies from the free inhabitants 

 holding inheritable property. This plan of government produc- 

 ed nothing but anarchy and discord. By the revolution, the 

 present formation of the United States was established in 1787, 

 nearly each state having- a separate constitution. In Virginia, 

 all laws originate in the house of representatives. The power 

 of impeachment before the senate is vested in the house of re- 

 presentatives by all the state constitutions, except those of 

 Maryland, Virginia, and North Carolina. Maryland appears to 

 have no court of impeachment, judicial officers being removable 

 by conviction of misbehaviour in a court of law. In Virginia, 

 the house of delegates impeach before the court of appeals. In 

 North Carolina, state officers may be impeached before any 

 state court of supreme jurisdiction, either by the general as- 

 sembly, or by presentment of the grand jury of the court. No 

 Sardouiug power anywhere exists in cases of impeachment. 

 n Alabama, a revision and new digest of civil and criminal 

 law is to be made decennially. In Alabama, Indiana, Illinois, 

 and Missuuri, the legislature are restricted in their power of 

 erecting banks. It may be proper to mention here, that the 

 senate nave no power to originate money bills, excepting in 

 the states of Connecticut, New York, Ohio, North Carolina, 

 Tennessee, Illinois, and Missouri; and that, in New Jersey 

 and Maryland, the senate can neither originate nor alter such 

 oilU. The duties of the executives are, to superintend the ex- 

 ecution of the laws, and to act as commanders-in-chief of the 

 militia. In Louisiana, the governor must visit the different 

 counties at least once in two years, to inform himself of the state 

 of the militia, and the general condition of the country. Mas. 

 sachusetta is the only state whose constitution gives titlestothe 

 officers of government. The governor is entitled hit excellen- 

 cy, the lieutenant-governor his honour. In the United States, 

 every denomination of religion is equally under the protection 

 of the law. In a few of the states, however, certain modes of 

 belief are required as qualifications /or office. In Massachusetts 

 and Maryland, the declaration of a belief in the Christian reli- 

 gion is required to qualify for office. In New Jersey, no Pro. 



is required as a qualification for office. In North Carolina, no 

 oue denying the truth nf the Protestant religion, or the divine 

 authority of the Old or New Testament, or whose religions 

 principles are incompatible with the freedom and safety of the 

 state, can hold a civil office. In the other states, no religious 

 test is required. Persons conscientiously scrupulous of taking 

 an oath, are everywhere permitted to substitute a solemn af- 

 firmation ; and this is recognized by all the constitutions, except 

 those of Virginia and North Carolina, and the charter of Rhode 

 Island, a hiatus which is supplied in those states bylaw. Those 

 who are conscientiously scrupulous of bearing arms, are every- 

 where allowed to pay au equivalent for personal service. In 

 Tennessee, the legislature are enjoined to " pass laws exempting 

 riu*eus belonging to any sect or denomination of religion, the 



tenets of which are known to be opposed to the hearirgof iirins, 

 from attending private and general musters." In Maine, " per. 

 sons of the denominations of Shakers or Quakers, " may lie ex- 

 empted from military duty. Ministers t ,i the gospel are not 

 eligible as legislators in Maryland, Virginia, North Carolina. 

 and Tennessee. In South Carolina, Kentucky, and Mississippi, 

 they are eligible neither as governors nor legislators. In Mis- 

 souri, the only civil office they can hold is that of justice of the 

 pence ; while in New York, it-la ware, and Louisiana, they are 

 not eligible to any office whatever. New Hampshire and Mas- 

 sachusetts nre the only states whose constitutioi.s make provi- 

 sion tor religious establishments. In New Hampshire, the le- 

 gislature is empowered to authorize, and in Massac-hns. its. the 

 legislature is enjoined to remiire, the several towns, pun -lies, 

 S:c . in the state, to make Hdequate provision, at their ..wn ex- 

 pense, for the support and maintenance of t'rotettant in 

 of the gospel. 



In Central and South America, a number of constitutions 

 have been established within this century. All, with the ex- 

 ception of the monarchical constitution ol the Hrazils, and thu 

 tran-iciit imperial system of the Mexican empire under Itur. 

 bide, who was elected emperor, May 18, 18.^, are republican, 

 modelled, in most respects, after the constitution uf the United 

 States, in regard to the. division of powers among the legislative. 

 judiciary, and executive bodies, &c.. In Mexico, Central Ame- 

 rica, and the United Provinces of La Plata, there exist federal 

 governments, i. e. unions of different states, like tnat of the 

 United States : the other republics have central governments. 

 The government of Spain, in her South American colonies, was 

 defective, the territory of these so immense, and the population 

 so scattered, that, when the Spanish yoke was thiown oft, the 

 elements of an independent and free government, in the new 

 states, were necessarily so few, that, ever since their respective 

 declarations of independence, they have been in a state of ngi- 

 tatinn; and many ot them are likely to remain so for a loin; 

 time to come, because the people are woefully deficient in edu- 

 cation and industry two of the main grounds of real liberty 

 and of a settled order of things ; and it is one of the most dilli. 

 cult tasks for a nation, from which tyranny lias withheld the 

 means of education, to acquire the habits which fit men for in- 

 dependence, after shaking off' the yoke of their oppressor s, 

 which is generally the easiest part of a revolution. History 

 shows that far more internal convulsions are caused by ignoi. 

 ance, and the violence which springs from it, than by the am- 

 bition of aspiring individuals. Since the condition of South 

 America is, at present, so unsettled, it would be of little use to 

 enumerate the different constitutions existing there, which will 

 probably undergo many changes ; and we must refer the reader 

 to the articles on the respective countries, in which he will find 

 their history brought down to the time of the preparation of 

 the articles. 



CONSTITUTIONISTS. See Unigenitus. 



CONSTITUTIONNEL, LE (French; The con- 

 stitutional) ; a daily paper in Paris. In Britain 

 and America, no party, however much it may be 

 opposed to others, thinks of abolishing the constitu- 

 tion or constitutional liberty : the word constitutvmal, 

 therefore, cannot be used in these two countries as de- 

 signating a party. Very different is the case in France 

 a difference which must be constantly kept in mind, 

 if we wish to understand the present political proceed- 

 ings in that country, or to compare them with British 

 and American politics. In France, there really exists 

 a powerful party, which aims at restoring the good old 

 times, and destroying the Charte. The word consti- 

 tutional, therefore, designates, in France, the party 

 opposed to the one just mentioned, embracing, how- 

 ever, many varieties of opinion. The paper called 

 Le Constitutional is one of the ablest journals of the 

 age. It is liberal, but moderate and cautious. 

 Messrs Etienne, Jay, and Tissot are the chief editors. 

 Six or eight proprietors contribute. Over tiie whole 

 is a directure en chef, and for the different branches 

 there are from ten to twelve editors. Many of the first 

 savants are often engaged to furnish a certain num- 

 ber of original articles in the course of the year. In 

 like manner, the famous M. Malte-Brun was employed 

 to write, every month, a geographical article tor the 

 Journal des Debats, for a very high sum. The Consti- 

 tutionnel occupies from eight to ten presses, working 

 day and night. The monthly expense of the paper 

 amounts to 60,000 francs. The remuneration whicli 

 is paid for single contributions is very high. For 

 an article of one column, or one and a half, generally 

 100 to 120, sometimes 150, francs are paid. It 

 was established, in 1815, by fifteen shareholders, 

 and has from 18 to 20,000 subscribers a greater 

 number than any other French paper, the Journal 



