History for ready reference, Volume 6

CHAPTER VIII. ALTERATION OF THE CONSTITUTION.

Chapter 217,514 wordsPublic domain

128. This Constitution shall not be altered except in the following manner:—The proposed law for the alteration thereof must be passed by an absolute majority of each House of the Parliament, and not less than two nor more than six months after its passage through both Houses the proposed law shall be submitted in each State to the electors qualified to vote for the election of members of the House of Representatives. But if either House passes any such proposed law by an absolute majority, and the other House rejects or fails to pass it or passes it with any amendment to which the first mentioned House will not agree, and if after an interval of three months the first-mentioned House in the same or the next session again passes the proposed law by an absolute majority with or without any amendment which has been made or agreed to by the other House, and such other House rejects or fails to pass it or passes it with any amendment to which the first-mentioned House will not agree, the Governor-General may submit the proposed law as last proposed by the first-mentioned House, and either with or without any amendments subsequently agreed to by both Houses, to the electors in each State qualified to vote for the election of the House of Representatives. When a proposed law is submitted to the electors the vote shall be taken in such manner as the Parliament prescribes. But until the qualification of electors of members of the House of Representatives becomes uniform throughout the Commonwealth, only one-half the electors voting for and against the proposed law shall be counted in any State in which adult suffrage prevails. And if in a majority of the States a majority of the electors voting approve the proposed law, and if a majority of all the electors voting also approve the proposed law, it shall be presented to the Governor-General for the Queen's assent. No alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing, or otherwise altering the limits of the State, or in any manner affecting the provisions of the Constitution in relation thereto, shall become law unless the majority of the electors voting in that State approve the proposed law.

----------CONSTITUTION OF AUSTRALIA: End--------

CONSTITUTION OF AUSTRIA: Parliamentary reform of, 1896.

See (in this volume) AUSTRIA-HUNGARY: A. D. 1895-1896.

CONSTITUTION OF BELGIUM: The working of its' electoral provisions.

See (in this volume) BELGIUM: A. D. 1894-1895; and 1899-1900.

CONSTITUTION OF CUBA: The grant of autonomous government by Spain in 1897.

See (in this volume) CUBA: A. D. 1897 (NOVEMBER); and 1897-1898 (NOVEMBER-FEBRUARY).

CONSTITUTION OF CUBA: Outline of the draft reported to the Convention of 1900-1901.

See (in this volume) CUBA: A. D. 1901 (JANUARY).

CONSTITUTION OF DELAWARE, New.

See (in this volume) DELAWARE: A. D. 1897.

CONSTITUTION OF IDAHO: Adoption of Woman Suffrage.

See (in this volume) IDAHO: A. D. 1896.

CONSTITUTION OF LOUISIANA: Its discriminating educational qualification.

See (in this volume) LOUISIANA: A. D. 1898.

CONSTITUTION OF MEXICO: Amendments.

The text of the constitution of Mexico, as published in 1891, will be found in volume 1 [page 558] of this work, under the same heading as above. In 1896, the Constitution received two amendments promulgated by decrees published in the "Diario Official" on the 24th of April and the 1st of May in that year. Translations of these decrees were transmitted to the State Department at Washington by the United States Minister to Mexico and published in U. S. Consular Reports, July, 1896, from which source they are copied below. That of April 24 was as follows:

The Congress of the United Mexican States, in the exercise of the power which article 127 of the federal constitution concedes to it, and with the previous approbation of the majority of the legislatures of the States, declares articles 79, 80, 82, and 83 of the constitution to be amended and an addition to article 72 of the same, in the following tenor:

ARTICLE. 72. Congress has power:

XXXI. To appoint, both houses of Congress being assembled for such purpose, a President of the Republic, either with the character of substitute or with that of ad interim, to act in the absolute or temporary defaults of the constitutional President. Likewise, to replace in the respective cases and in equal form the substitute as well as the ad interim, if these in their turn should default.

XXXII. To qualify and to decide upon the petition for leave of absence that the President of the Republic may make. It is the exclusive faculty of the House of Deputies—II. To qualify and decide upon the resignations of the President of the Republic and of the magistrates of the supreme court of justice.

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ARTICLE 79.

I. In the absolute defaults of the President, excepting that arising from resignation, and in the temporary defaults, excepting that proceeding from permission, the Secretary of Foreign Relations, and in case there be none or if there exists an impediment, the Secretary of Government shall take immediate charge of the Executive power.

II. The Congress of the union shall assemble in an extraordinary session the following day, in the Chamber of Deputies, more than half of the total number of members of both houses being present, the officers of the House of Deputies acting. If no session can be had on account of no quorum or for other cause, those present shall compel, from day unto day, the presence of the absentees, in accordance with the law, so as to hold the session as soon as possible.

III. In this session, the substitute President shall be elected by the absolute majority of those present, and in a nominal and public vote, without any proposition being discussed therein nor anything else done but to take in the votes, publish them, and make a close examination and publish the name of the one elected.

IV. If no one of the candidates should have received the absolute majority of the votes, the election shall be repeated as to the two who had the greater number of votes, and the one receiving the majority will be elected. If the competitors should have received an equal number of votes, and on a repetition of the election an equal result shall be obtained, then the drawing of lots shall decide the one who must be elected.

V. If there be an equality of votes for more than two candidates, the election as to which of these shall be made, but if at tho same time there is another candidate who may have obtained a majority of votes, he shall be considered as first competitor, and the second shall be chosen by votes out of the first mentioned.

VI. If Congress be not in session, it shall meet, without the necessity of a convocation, on the fourteenth day following that of the default, under the direction of the board of permanent commission which may be in duty, and shall proceed as already stated.

VII. In case of absolute default caused by the renouncement of the President, Congress shall convene in the form set forth for the appointment of the substitute, and the resignation shall not take effect until the appointment of the substitute and of the legal protest by him.

VIII. In relation to temporary defaults, from whatever cause, Congress shall appoint an ad interim President, observing for this purpose the same procedure as prescribed for the cases of absolute default. Should the President ask for leave of absence, he will, at the time of so doing, propose the citizen who must take his place; the permission being granted, it will not take effect until the ad interim (president) shall have protested, it being within the President's faculty to make use or not of said leave, or to lessen its duration. The ad interim shall only exercise the functions during the time of temporary default. The petition for permission shall be addressed to the House of Deputies, who shall at once deliver it to the proper commission for its perusal, at the same time summoning the Senate for an extraordinary session of Congress, before which the commission shall render its decision. The proposition with which the decision may end, if favorable, shall comprise in a decree of a sole article the granting of the permission and the approval of the proposition, which shall be decided upon only by one ballot.

IX. If, on the day appointed by the constitution, the people's President-elect shall not enter into the discharge of his office, Congress shall at once appoint an ad interim President. If the cause of the impediment be transitory, the ad interim shall cease in the Presidential functions when said cause ceases and the President-elect enters into the discharge of his functions. But, should the cause be of that kind that produces absolute impossibility, so that the President-elect cannot enter into the exercise of power during the four years, Congress, after appointing the ad interim President, shall, without delay, convoke the extraordinary elections. The ad interim President shall cease in his functions as soon as the new President-elect protests, and this shall complete the constitutional period. Should the impediment arise from the fact that the election be not made or published on the 1st of December, a President ad interim shall also be appointed, who will discharge the Presidential duties until those requisites are complied with and the President-elect takes due protest.

X. The defaults of the substitute President and those of the ad interim shall also be remedied in the manner prescribed, except in regard to the second, in the case when the constitutional President, who, having temporarily separated himself, may again assume the exercise of his duties.

ARTICLE 80. Should the default of the President be absolute, the substitute appointed by Congress shall terminate the constitutional period.

ARTICLE 82. The President, upon taking possession of his office, shall swear before Congress under the following formula:

"I protest to perform loyally and patriotically the functions of President of the United Mexican States; to keep and cause to be kept, without any reserve, the constitution of 1857, with all its additions and reforms, the laws of reform, and all those laws emanating therefrom, watching everything for the good and prosperity of the union." The Secretary of Department, who may take provisional charge of the Executive power, in its case, is exempted from this requisite.

The decree of May 1, 1896, was as follows:

The Congress of the Union has decreed the following: The General Congress of the United Mexican States, in conformity with the provisions of article 127 of the federal constitution, and with the previous approbation of the State legislatures, declares articles 111 and 124 of said constitution amended and an addition made to same in the following terms:

First. Section III. of article 111 of the federal constitution is amended, and an addition made to the said article in the following terms: The States shall not—

III. Coin money, issue paper money, stamps, or stamped paper.

IV. Obstruct the transit of persons or goods crossing its territory.

V. Prohibit or molest, either directly or indirectly, the entrance or exit, to or from its territory, of national or foreign merchandise.

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VI. Obstruct the circulation or consumption of national or foreign goods by means of imposts or taxes that may be exacted through local custom-houses, by requiring the inspection or registration of packages, or by requiring the documentation to accompany the merchandise.

VII. Decree or maintain in force laws or fiscal decrees which may cause differences of taxes or requisites, by reason of the source of national or foreign merchandise, whether these differences be established in regard to a like production in that locality or on account of like production from different sources.

Second. Article 124 of the federal constitution is amended in the following terms:

ARTICLE 124. It is the exclusive faculty of the federation to obstruct merchandise, imported or exported, or which passes in transit through the national territory, likewise to regulate at all times, and even to prohibit for reasons of policy and security, the circulation within the Republic of all merchandise from whatever source; but the said federation cannot establish or decree in the district or federal territories the taxes and laws expressed in Sections VI. and V. of Article 111.

Transitory article. These amendments and additions shall take effect on the 1st of July, 1896.

CONSTITUTION OF MINNESOTA: Amendments.

See (in this volume) MINNESOTA: A. D. 1896.

CONSTITUTION OF MISSISSIPPI: Amendment.

See (in this volume) MISSISSIPPI: A. D. 1890-1892.

CONSTITUTION OF NEW JERSEY: Proposed Amendments.

See (in this volume) NEW JERSEY: A. D. 1897.

CONSTITUTION OF NEW YORK.

The constitution of the State of New York, as revised by the Convention of 1894 (see, in volume 4, NEW YORK: A. D. 1894) [transcriber's note: volume 3, page 2350], was submitted to the people at the election in November that year and adopted. The important features of the revision were set forth in an address by the Convention to the people, as follows:

"We seek to separate, in the larger cities, municipal elections from State and national elections to the end that the business affairs of our great municipal corporations may be managed upon their own merits, uncontrolled by national and State politics. … We have provided further safeguards against abuses in legislative procedure, by requiring that all bills shall be printed in their final form at least three days before their passage, prohibiting riders on appropriation bills, providing for notice to municipal authorities before special acts relating to the larger cities can take effect, prohibiting the issue of passes by railroad, telegraph and telephone companies to public officers, enlarging the express constitutional powers of the President of the Senate. … We have extended the prohibition against lotteries so as to include all pool-selling, book-making and other forms of gambling. … We have sought to throw greater safeguards around the elective franchise by prescribing a period of ninety instead of ten days of citizenship before that right can be exercised, so that naturalization may be taken out of the hands of campaign committees and removed from the period immediately before election. … We have modified the language relating to election so that if any mechanical device for recording and counting votes is so perfected as to be superior to the present system, the Legislature may make trial of it. We have established in the Constitution the well-tried and satisfactory system of registration of votes, forbidding, however, any requirement of personal attendance on the first day of registration in the thinly-settled regions outside of the cities and large villages, where voters would have long distances to travel to the place of registration, and we have provided for securing an honest and fair election by requiring that on all election boards election officers shall equally represent the two principal political parties of the State. We have provided for a new appointment of Senate and Assembly districts. … Attack has been made upon two rules laid down in the proposed measure for the guidance of the Legislature in future apportionments. One of these is the rule that no county shall have more than three Senators unless it shall have a full ratio for each Senator, although smaller counties may receive a Senator or an additional Senator on a major fraction of a ratio. … The other rule attacked is that no one county shall have more than one-third of all the Senators, and that New York and Kings county together shall not have more than one-half of all the Senators. … We have declared in the Constitution the principle of civil service reform, that appointments and promotions are to be based upon merit and ascertained so far as practicable by competitive examination. We have sought by this to secure not merely the advantage derived from declaring the principle, but the practical benefit of its extension to the State prisons, canals and other public works of the State, to which, under the existing Constitution, the court of last resort has decided that civil service rules cannot be applied. … We have prohibited the contract system of convict labor. … We have authorized the Legislature to provide for the improvement of the canals, without, however, borrowing money for that purpose unless the people expressly authorize it. … We have required the Legislature to provide for free public schools, in which all the children of the State may be educated, and we have prohibited absolutely the use of public money in aid of sectarian schools. … We have so amended the present Constitution as to provide for a naval as well as a land force of militia. … In order to allow every voter to exercise a choice in voting on some of the important proposed amendments, we have provided that the Revised Constitution shall be submitted to the people in three parts, viz.:

1. That making an apportionment of Senators and members of the Assembly.

2. That pertaining to the improvements of the canals.

3. All the remainder of the proposed amendments as a whole."

_Journal of the Constitutional Convention, State of New York, 1894, pages 839-846._

CONSTITUTION OF NORTH CAROLINA: Amendment qualifying the suffrage.

See (in this volume) NORTH CAROLINA: A. D. 1900.

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--CONSTITUTION (GRONDWET) OF THE SOUTH AFRICAN REPUBLIC.: Start--

The following are the Articles of main importance in the Grondwet or Constitution of the South African Republic:

ARTICLE 1. This State shall bear the name of the South African Republic.

ARTICLE 2. The form of government of this State shall be that of a republic.

ARTICLE 3. It desires to be recognized and respected by the civilized world as an independent and free people.

ARTICLE 4. The people seek for no extension of territory, and desire it only in accordance with just principles, when the interest of the Republic makes such extension desirable.

ARTICLE 5. The people desire to retain and maintain their territory in South Africa unimpaired. The boundaries thereof are fixed by proclamation.

ARTICLE 6. Its territory is open for every foreigner who obeys the laws of this Republic. All who are within the territory of this Republic have equal claims to protection of person and property.

ARTICLE 7. The land or farms situate in this territory which have not yet been given out, are declared to be the property of the State.

ARTICLE 8. The people claim the utmost social freedom, and expect the result from the maintenance of their religious belief, from the observance of their obligations, from submission to law, order and right, and the maintenance of the same. The people permit the spread of the Gospel among the heathen under fixed precautions against deceit or misleading.

ARTICLE 9. The people will not allow any equalization of the coloured inhabitants with the white.

ARTICLE 10. The people will not suffer any slave trade or slavery in this Republic.

ARTICLE 11. The people reserve to themselves the protection and defence of the independence and inviolability of the State, subject to the laws.

ARTICLE 12. The people entrust the legislation to a Volksraad—the highest authority in the land—consisting of representatives or deputies of the people, chosen by the enfranchised burghers; but with the reservation that a period of three months shall be left to the people to enable them if they so wish to communicate to the Volksraad their verdict on a proposed law; except those laws which can suffer no delay.

ARTICLE 13. The people charge the President with the task of proposing and executing the laws; he also brings before the Volksraad the appointments of all civil servants for ratification.

ARTICLE 14. The people entrust the maintenance of order to the military force, the police, and other persons appointed by the law for that purpose.

ARTICLE 15. The people place the judicial power in the hands of a Supreme Court, Circuit Court, Landrosts, Juries, and such other persons as shall be entrusted with judicial powers, and leave all these free to discharge their function according to their judgment and consciences, according to the laws of the land.

ARTICLE 16. The people shall receive from the Volksraad an estimate of the general income and expenses of the State, and learn therefrom how much every man's taxes shall amount to.

ARTICLE 17. Potchefstrom, situated on the Mooi River, shall be the capital of the Republic, and Pretoria the seat of Government.

ARTICLE 18. All services rendered on behalf of the public are remunerated by the public.

ARTICLE 19. Freedom of the press is granted provided the printer and publisher remain responsible for all the documents which contain defamation, insult, or attacks against anyone's character.

ARTICLE 20. The people shall only appoint as representatives in the Volksraad those who are members of a Protestant Church.

ARTICLE 21. The people desire the growth, prosperity, and welfare of the State, and with this view provision for suitable school teachers.

ARTICLE 22. Providing also that in time of peace precautionary measures are taken to enable the State to wage or withstand a war.

ARTICLE 23. In case of a hostile attack from outside, everyone, without distinction, shall be held bound to lend his assistance on the promulgation of martial law. …

ARTICLE 26. The Volksraad shall be the highest authority of the country, and the legislative power.

ARTICLE 27. No civil servants are to be representatives of the people.

ARTICLE 28. The Volksraad shall consist of at least twelve members, who must possess the following qualifications:-They must have attained the age of thirty years, and be born in the Republic, or have for fifteen consecutive years been burghers entitled to vote, be members of a Protestant Church, reside, and possess immovable property, in the Republic. No persons of notoriously bad character, or who have had a dishonouring sentence pronounced against them, and no uncertified or unrehabilitated insolvents shall be eligible. They may not be related to each other in the relationship of father and son or stepson. No coloured persons or bastards shall be admitted into our Assemblies. In like manner no military officer or official of the State, who draws a fixed annual or monthly salary, shall be eligible as member of the Volksraad.

ARTICLE 29. The members of the Volksraad are elected by a majority of votes from among the electors of each district. No one shall be considered as elected who has not obtained at least sixty votes. Everyone who is born in the country and has attained the age of twenty-one years, or has become naturalized, shall be a burgher qualified to vote. The members of the Volksraad are elected for the period of four years. … [The above provisions of the Constitution, relating to the Volksraad and the representation of the people, were modified by the following among other provisions of an Act of the Volksraad passed in 1891:

ARTICLE 1. The legislative power shall rest with a representation of the people, which shall consist of a First Volksraad and a Second Volksraad.

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ARTICLE 2. The First Volksraad shall be the highest authority in the State, just as the Volksraad was before this law came into operation. The First Volksraad shall be the body named the Volksraad until this law came into operation. From the period of this law coming into operation, the name of that body shall be altered from the Volksraad to the First Volksraad. The persons forming that body as members shall, however, remain the same, only they shall, from the said period, be named members of the First Volksraad instead of members of the Volksraad. All laws and resolutions having reference to the Volksraad and the members thereof shall remain in force and apply to the First Volksraad and the members thereof, except in so far as a change is or shall be made by this and later laws. …

ARTICLE 4. The number of the members of the Second Volksraad shall be the same as of the First Volksraad. This number shall be fixed later by the First Volksraad for both Volksraads. …

ARTICLE 9. The members of the First Volksraad are chosen by those enfranchised burghers who have obtained the burgher right, either before this law came into operation, or thereafter by birth, and have reached the age of sixteen years. The franchise for the First Volksraad can besides also be obtained by those who have during ten years been eligible for the Second Volksraad, by resolution of the First Volksraad, and according to rules to be fixed later by law.

ARTICLE 10. The members of the Second Volksraad are chosen by all enfranchised burghers who have reached the age of sixteen years. …

ARTICLE 27. The Second Volksraad shall have the power to pass further regulations on the following subjects as is necessary, either by law or resolution: (1) The department of mines. (2) The making and support of wagon and post roads. (3) The postal department. (4) The department of telegraphs and telephones. (5) The protection of inventions, samples and trademarks. (6) The protection of the right of the author. (7) The exploitation and support of the woods and salt-pans. (8) The prevention and coping with contagious diseases. (9) The condition, the rights, and obligations of companies. (10) Insolvency. (11) Civil procedure. (12) Criminal procedure. (13) Such other subjects as the First Volksraad shall decide later by law or resolution, or the First Volksraad shall specially refer to the Second Volksraad.

ARTICLE 28. All laws or resolutions accepted by the Second Volksraad are as soon as possible, that is to say at the outside within forty-eight hours, communicated both to the First Volksraad and to the President.

ARTICLE 29. The President has the right, when he has received notice from the Second Volksraad of the adoption of a law or a resolution, to bring that law or resolution before the First Volksraad for consideration within fourteen days after the receipt of such notice. The President is in any case bound, after the receipt of such a notice, to communicate it to the First Volksraad within the said time.

ARTICLE 30. If the President has not brought the law or resolution as communicated before the First Volksraad for consideration, and the First Volksraad has not on its own part thought it necessary to take said law or resolution into consideration, the President shall, unless with the advice and consent of the Executive Council he thinks it undesirable in the interests of the State, be bound to have that law or resolution published in the first succeeding Volksraad, unless within the said fourteen days the First Volksraad may be adjourned, in which case the publication in the "Stasts Courant" shall take place after the lapse of eight days from the commencement of the first succeeding session of the First Volksraad.

ARTICLE 31. The law or resolution adopted by the Second Volksraad shall have no force, unless published by the President in the "Staats Courant."

ARTICLE 43. The President shall bring forward for discussion the proposals for laws which have come in before the Volksraad, whether the latter have been made known to the public three months before the commencement of the session, or whether the same have come in during the session of the Volksraad.

ARTICLE 44. When the notices of laws and Government notices to the public have not been given in time, the President shall examine with whom the blame of that delay lies. A Landrost found guilty hereof shall have a fine of Rds. 50 inflicted and a Field-Cornet or lesser official of Rds. 25. …

ARTICLE 56. The executive power resides in the State President, who is responsible to the Volksraad. He is chosen by a majority of the burghers entitled to vote, and for the term of five years. He is eligible for reelection. He must have attained the age of thirty years, and need not be a burgher of the State at the time of his nomination, and must be a member of a Protestant Church, and have no dishonouring sentence pronounced against him. [By a subsequent law the President must be chosen from among the burghers.]

ARTICLE 57. The President is the first or highest official of the State. All civil servants are subordinate to him; such, however, as are charged with exercise of the judicial power are left altogether free and independent in its exercise.

ARTICLE 58. As long as the President holds his position as such he shall fill no other, nor shall he discharge any ecclesiastical office, nor carry on any business. The President cannot go outside the boundaries of the State without consent of the Volksraad. However, the Executive Council shall have the power to grant him leave to go outside the boundaries of the State upon private affairs in cases of necessity. …

ARTICLE 60. The President shall be discharged from his post by the Volksraad after conviction of misconduct, embezzlement of public property, treachery, or other serious crimes, and be treated further according to the laws.

ARTICLE 61. If in consequence of transgression of the Constitution or other public misdemeanors the Volksraad resolve that the President shall be brought to trial, he shall be tried before a special court composed of the members of the High Court, the President and another member of the Volksraad, while the State Attorney acts as Public Prosecutor. The accused shall be allowed to secure assistance of a lawyer at his choice.

ARTICLE 62. The President is charged with the proposing of laws to the Volksraad, whether his own proposals or others which have come in to him from the people; he must make these proposals known to the public by means of the "Staats Courant" three months before presenting them to the Volksraad, together with all such other documents as are judged useful and necessary by him.

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ARTICLE 63. All proposals for a law sent in to the President shall, before they are published, be judged by the President and Executive Council as to whether publication is necessary or not.

ARTICLE 64. The President submits the proposals for laws to the Volksraad, and charges the official to whose department they belong first and foremost, with their explanation and defence.

ARTICLE 65. As soon as the President has received the notice of the Volksraad that the proposed law is adopted, he shall have that law published within two months, and after the lapse of a month, to be reckoned from the publication, he shall take measures for the execution of the same.

ARTICLE 66. Proclamation of martial law, as intended in Article 23, shall only be made by the President with the assent of the members of the Executive Council. …

ARTICLE 67. The President, with advice of the Executive Council, declares war and peace, with reference to Article 66 of the Constitution; the Government having first, if possible, summoned the Volksraad before the declaration of war. Treaties of peace require the ratification of the Volksraad, which is summoned as soon as possible for that purpose. …

ARTICLE 70. The President shall submit, yearly, at the opening of the Volksraad, estimates of general outgoings and income, and therein indicate how to cover the deficit or apply the surplus.

ARTICLE 71. He shall also give a report during that session of that Volksraad, of his actions during the past year, of the condition of the Republic and everything that concerns its general interest. …

ARTICLE 75. The President and one member of the Executive Council shall, if possible, visit the towns and villages of the Republic where Landrost's officers are, once in the year; he shall examine the state of those offices, inquire into the conduct of the officials, and on these circuits give the inhabitants during their stay an opportunity to bring before him anything they are interested in. …

ARTICLE 82. The President exercises his power along with the Executive Council. An Executive Council shall be joined to the President, consisting of the Commandant-General, two enfranchised burghers, a Secretary, and a Notekeeper (notulenhouder), who shall have an equal vote, and bear the title of members of the Executive Council. The Superintendent of Native Affairs and the Notekeeper shall be ex-officio members of the Executive Council. The President and members of the Executive Council shall have the right to sit, but not to vote, in the Volksraad. The President is allowed, when important affairs arise, to invite the head official to be present in the Executive Council whose department is more directly concerned with the subject to be treated of. The said head official shall then have a vote in the Executive Council, be equally responsible for the resolution taken, and sign it along with the others.

ARTICLE 83. According to the intention of Article 82 the following shall be considered "Head Officials": The State Attorney, Treasurer, Auditor, Superintendent of Education, Orphan-Master, Registrar of Deeds, Surveyor-General, Postmaster-General, Head of the Mining Department, Chief Director of the Telegraph Service, and Chief of Public Works.

ARTICLE 84. The President shall be Chairman of the Executive Council, and in case of an equal division of votes have a casting vote. For the ratification of sentences of death, or declarations of war, the unanimous vote of the Executive Council shall be requisite for a decision. …

ARTICLE 87. All resolutions of the Executive Council and official letters of the President must, besides being signed by him, also be signed by the Secretary of State. The latter is at the same time responsible that the contents of the resolution, or the letter, is not in conflict with the existing laws.

ARTICLE 88. The two enfranchised burghers or members of the Executive Council contemplated by Article 82 are chosen by the Volksraad for the period of three years, the Commandant-General for ten years; they must be members of a Protestant Church, have had no sentence in a criminal court to their discredit, and have reached the age of thirty years.

ARTICLE 89. The Secretary of State is chosen also by the Volksraad, but is appointed for the period of four years. On resignation or expiration of his term he is re-eligible. He must be a member of a Protestant Church, have had no sentence in a criminal court to his discredit, possess fixed property in the Republic, and have reached the age of thirty years. …

ARTICLE 93. The military force consists of all the men of this Republic capable of bearing arms, and if necessary of all those of the natives within its boundaries whose chiefs are subject to it.

ARTICLE 94. Besides the armed force of burghers to be called up in times of disturbance or war, there exists a general police and corps of artillery, for which each year a fixed sum is drawn upon the estimates.

ARTICLE 95. The men of the white people capable of bearing arms are all men between the ages of sixteen and sixty years; and of the natives, only those which are capable of being made serviceable in the war.

ARTICLE 96. For the subdivision of the military force the territory of this Republic is divided into field-cornetcies and districts. …

ARTICLE 97. The men are under the orders of the following officers, ascending in rank: Assistant Field-Cornets, Field-Cornets, Commandants, and a Commandant-General.

_Selected Official Documents of the South African Republic and Great Britain (Supplement to the Annals of the American Academy of Political and Social Science, July, 1900)._

--CONSTITUTION (GRONDWET) OF THE SOUTH AFRICAN REPUBLIC.: End--

CONSTITUTION OF SOUTH CAROLINA: The revision of 1895-6. Disfranchisement provision.

See (in this volume) SOUTH CAROLINA: A. D. 1896.

CONSTITUTION OF SOUTH DAKOTA: Amendment introducing the Initiative and Referendum.

See (in this volume) SOUTH DAKOTA: A. D. 1898.

CONSTITUTION OF SWITZERLAND: Amendments.

See (in this volume) SWITZERLAND: A. D. 1897.

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CONSTITUTION OF UTAH.

See (in this volume) UTAH: A. D. 1895-1896.

CONWAY, Sir W. Martin: Explorations of Spitzbergen.

See (in this volume) POLAR EXPLORATION, 1896, 1897.

COOK, or HERVEY ISLANDS: Annexation to New Zealand.

See (in this volume) NEW ZEALAND: A. D. 1900 (OCTOBER).

COOMASSIE, KUMASSI: Occupation by the British. Siege and relief.

See (in this volume) ASHANTI.

COPTIC CHURCH: Authority of the Pope re-established.

See (in this volume) PAPACY: A. D. 1896 (MARCH).

COREA.

See (in this volume) KOREA.

CORNWALL AND YORK, The Duke of.

See (in this volume) WALES, THE PRINCE OF.

COSTA RICA.

See (in this volume) CENTRAL AMERICA.

COTTON-MILL STRIKE, New England.

See (in this volume) INDUSTRIAL DISTURBANCES: A. D. 1898.

COTTON STATES EXPOSITION, The.

See (in this volume) ATLANTA: A. D. 1895.

COURT OF ARBITRATION, The Permanent.

See (in this volume) PEACE CONFERENCE.

CREEKS, United States agreement with the.

See (in this volume) INDIANS, AMERICAN: A. D. 1893-1899.

CRETE: Recent archæological explorations. Supposed discovery of the Palace of Minos and the Cretan Labyrinth. Fresh light on the origin of the Alphabet.

See (in this volume) ARCHÆOLOGICAL RESEARCH: CRETE.

CRETE: A. D. 1896. Conflict between Christians and Mussulmans, and its preceding causes.

See (in this volume) TURKEY: A. D. 1896.

CRETE: A. D. 1897. Fresh conflicts. Reports of the British Consul-General and others. Greek interference and demands for annexation to Greece. Action of the Great Powers. Blockade of the island.

See (in this volume) TURKEY: A. D. 1897 (JANUARY-FEBRUARY).

CRETE: A. D. 1897. Withdrawal of Greek troops. Acceptance of autonomy by the Greek government.

See (in this volume) TURKEY: A. D. 1897 (MARCH-SEPTEMBER).

CRETE: A. D. 1897-1898. Prolonged anarchy, and blockade by the Powers. Final departure of Turkish troops and officials. Government established under Prince George of Greece.

See (in this volume) TURKEY: A. D. 1897-1899.

CRETE: A. D. 1901. Successful administration of Prince George of Greece.

See (in this volume) TURKEY: A. D. 1901.

CRISPI, Signor: Ministry.

See (in this volume) ITALY: A. D. 1895-1896.

CRISPI, Signor: Parliamentary investigation of charges against.

See (in this volume) ITALY: A. D. 1898 (MARCH-JUNE).

CROKER, "Boss."

See (in this volume) NEW YORK CITY: A. D. 1894-1895; and 1897.

CROMER, Viscount: Administration in Egypt.

See (in this volume) EGYPT: A. D. 1898.

CROMWELL, Oliver, Proposed statue of.

A proposal in the English House of Commons, in 1895, to vote £500 for a statue of Cromwell was so violently opposed by the Irish members that the government was compelled to withdraw the item from the estimates.

CRONJE, General Piet: In the South African war.

See (in this volume) SOUTH AFRICA (THE FIELD OF WAR): A. D. 1899 (OCTOBER-DECEMBER); and 1900 (JANUARY-FEBRUARY).

CROZIER, Captain William: American Commissioner to the Peace Conference at The Hague.

See (in this volume) PEACE CONFERENCE.

----------CUBA: Start--------

[Image: Map of Cuba and West Indies.

CUBA: A. D. 1868-1885. Ten years of insurrection. The United States and Spain. The Affair of the Virginius. End of Slavery.

"The abolition of slavery in the southern states left the Spanish Antilles in the enjoyment of a monopoly of slave labor, which, in the production of sugar, especially, gave them advantages which overcame all competition. This led to the formation of a strong Spanish party, for whom the cause of slavery and that of Spanish dominion were identical. These were known as Peninsulars or Spanish immigrants. They were the official class, the wealthy planters and slave-owners, and the real rulers of Cuba. Their central organization was the Casino Espagñol of Havana, which was copied in all the towns of the island, and through these clubs they controlled the volunteers, who at times numbered 60,000 or 70,000. … These volunteers never took the field, but held possession of all the cities and towns, and thus were able to defy even the captain-general. They were obedient to his orders only so long as he was acting in close accord with the wishes of their party. On the other hand, there was a party composed of Creoles, or native Cubans, whose cry was 'Cuba for the Cubans!' and who hoped to effect the complete separation of the island from Spain, either through their own efforts or through the assistance of the United States. …

"The Spanish revolution of September, 1868, was the signal for an uprising of the native or Creole party in the eastern part of the island under the leadership of Cespedes. This movement was not at first ostensibly for independence, but for the revolution in Spain, the cries being, 'Hurrah for Prim!' 'Hurrah for the Revolution!' Its real character was, however, apparent from the first, and its supporters continued for a period of ten years, without regard to the numerous vicissitudes through which the Spanish Government passed—the provisional government, the regency, the elective monarchy, the republic, and the restored Bourbon dynasty—to wage a dogged, though desultory warfare against the constituted authorities of the island. This struggle was almost conterminous with President Grant's Administration of eight years." {171} President Grant made early offers of mediation between Spain and the insurgents, but no agreement as to terms could be reached. An increasing sympathy with the Cubans raised demands in the United States for their recognition as belligerents, with belligerent rights, and the President is said to have been ready to yield to the demand, but was deterred by the influence of his Secretary of State, Mr. Fish, who contended that the insurgents had established no government that could claim such rights. The Cuban sympathizers in Congress were accordingly checked by an opposing message (June 13, 1870), and no interference occurred.

"In February, 1873, when King Amadeus resigned his crown and a republic was proclaimed in Spain, the United States made haste to give the new government recognition and support, which led to friendly relations between the two countries for a time, and promised happy results. The Spanish republicans were being urged to give the Cubans self-government and end slavery in the whole Spanish domain, and they were lending, at least, a considerate ear to the advice. But negotiation on that topic was soon disturbed. On October 31, 1873, the steamer 'Virginius,' sailing under American colors and carrying a United States registry, was captured on the high seas by the 'Tornado,' a Spanish war vessel, and on the afternoon of the first of November taken into the port of Santiago de Cuba. The men and supplies she bore were bound for the insurgents, but the capture did not occur in Cuban waters. General Burriel, the commandant of the city, summoned a court-martial, and, in spite of the protests of the American consul, condemned to death—at the first sitting—four of the passengers—General W. A. C. Ryan, an Irish patriot, and three Cubans. They were shot on the morning of November 4. On the 7th twelve other passengers were executed, and on the 8th Captain Fry and his entire crew, numbering 36, making the total number of executions 53." This barbarous procedure caused hot excitement in the United States, and demands for reparation were made so sharply that the two countries came near to war. In the end it was shown that the "Virginius" was sailing under the American flag without right, being owned by Cubans and controlled by them. The vessel was surrendered, however, but foundered off Cape Fear, while being conveyed to the United States. Her surviving passengers were released, and an indemnity was paid for all who were put to death. The brutal officer who took their lives was never brought to justice, though his punishment was promised again and again. On the settlement of the Virginius question, the government of the United States resumed its efforts to wring concessions to the Cubans from Spain, and sought to have its efforts supported by Great Britain and other European powers. Cold replies came from all the cabinets that were approached. At the same time, the Spanish government met the demand from America with promises so lavish (April, 1876), going so far in appearance towards all that had been asked, that no ground for intervention seemed left. The act of Secretary Fish, in proposing intervention to foreign powers, was sharply criticised as a breach of the Monroe doctrine; but he made no defense.

"The Cuban struggle continued for two years longer. In October, 1877, several leaders surrendered to the Spanish authorities and undertook the task of bringing over the few remaining ones. Some of these paid for their efforts with their lives, being taken and condemned by court-martial, by order of the commander of the Cuban forces. Finally, in February, 1878, the terms of pacification [under an agreement called the Treaty of El Zanjon] were made known. They embraced representation in the Spanish Cortes, oblivion of the past as regarded political offences committed since the year 1868, and the freedom of slaves in the insurgent ranks. In practice, however, the Cuban deputies were never truly representative, but were men of Spanish birth, designated usually by the captain-general. By gradual emancipation, slavery ceased to exist in the island in 1885. The powers of the captain-general, the most objectionable feature of Spanish rule, continued uncurtailed."

_J. H. Latané, The Diplomatic Relations of the United States and Spanish America,