APPENDIX. 



3^5 



With some exceptions, and particularly of that palladium of 

 our rights, which is unknown to the civil law, the trial by jury, 

 the provisional constitution will be found, on an attentive perusal, 

 to contain a distinct recognition, of many of the vital principles 

 of free government. A church establishment also, that of the ca- 

 tholic faith, is contrary to our ideas of religious freedom; though 

 a measure adopted from necessity, perhaps, by them. 



It declares that all power, legislative, judicial, and executive, re- 

 sides in the nation. The congress are to be chosen by electors, 

 who are to be voted for by the people in the primary assemblies. 

 The cabildos, or municipalities, are to be elected immediately by 

 the citizens. It recognises the independence of the judiciary, and 

 declares the tenure of office, with respect to the superior judges, 

 to be held during good behavior. It provides for the election of a 

 chief magistrate by congress, removeable when they choose to ap- 

 point a successor, and responsible for the execution of tl^ duties 

 of his office, which are defined and limited. In the oath of office, 

 he is sworn to preserve the integrity and independence of the 

 country. 



The three great departments of state, of the treasury, and of 

 war, are distinctly marked out, and their respective powers and 

 duties assigned. 



On some subjects, it enters more into detail than is usual with 

 us, particularly in those of their army, navy, and militia. But this 

 perhaps, in their situation, was necessary. 



It provides that no citizen shall accept a title of nobility, with- 

 out forfeiting the character of citizenship. 



It provides also, against general warrants, and the arrest of in- 

 dividuals, unless on probable proof of guilt. 



It contains a salutary provision that a judge, having original ju- 

 risdiction, before taking cognizance of a cause, shall use all possi- 

 ble means of reconciling the parties. This constitution is but tem- 

 porary; the congress are engaged in the task of forming a per- 

 manent one. In the mean time, no alteration can be made in the 

 present, unless with the consent of two-thirds of the members. In 

 this manner, some alterations have been adopted. 



The subject of a permanent constitution was before a commit- 

 tee of sixteen members of congress. There was a difference of 

 opinion prevailing amongst them, on the point of a confederated or 

 a tjonsolidated government. If they should adopt the former, they 



