Part 24

In an original compact with this Society, we for important reasons, delegated to it certain political powers; while this institution stipulated that whenever the people should become capable of conducting the government, or whenever the people should desire it, this institution would resign the delegated power, peaceably withdraw its supervision, and leave the people to the government of themselves.

Under the auspices and guidance of this institution, which has nobly and in perfect faith redeemed its pledges to the people, we have grown and prospered.

From time to time, our number has been increased by migration from America, and by accessions from native tribes; and from time to time, as circumstances required it, we have extended our borders by acquisition of land by honorable purchase from the natives of the country.

As our territory has extended, and our population increased, our commerce has also increased. The flags of most of the civilized nations of the earth float in our harbors, and their merchants are opening an honorable and profitable trade. Until recently, these visits have been of a uniformly harmonious character, but as they have become more frequent, and to more numerous points of our extending coast, questions have arisen, which it is supposed can be adjusted only by agreement between sovereign powers.

For years past, the American Colonization Society has faithfully withdrawn from all direct and active part in the administration of the Government, except in the appointment of the Governor, who is also a colonist, for the apparent purpose of testing the ability of the people to conduct the affairs of Government; and no complaint of crude legislation, nor mismanagement, nor of mal-administration has yet been heard.

In view of these facts, this institution, the American Colonization Society, with that good faith which has uniformly marked all its dealings with us, did, by a set of resolutions in January, in the Year of Our Lord One Thousand Eight Hundred and Forty Six, dissolve all political connection with the people of this Republic, return the power with which it was delegated, and left the people to the government of themselves.

The people of the Republic of Liberia then, are of right, and in fact, a free sovereign and Independent State, possessed of all the rights, and powers, and functions of government.

In assuming the momentous responsibilities of the position they have taken, the people of this Republic, feel justified by the necessities of the case, and with this conviction they throw themselves, with confidence upon the candid consideration of the civilized world.

Liberia is not the offspring of grasping ambition, nor the tool of avaricious speculation.

No desire for territorial aggrandizement brought us to these shores; nor do we believe so sordid a motive entered into the high consideration of those who aided us in providing this asylum.

Liberia is an asylum from the most grinding oppression.

In coming to the shores of Africa, we indulged the pleasing hope that we should be permitted to exercise and improve those faculties which impart to man his dignity--to nourish in our hearts the flame of honorable ambition, to cherish and indulge those aspirations, which a Beneficent Creator hath implanted in every human heart, and to evince to all who despise, ridicule and oppress our race that we possess with them a common nature, are with them susceptible of equal refinement, and capable of equal advancement in all that adorns and dignifies man.

We were animated with the hope, that here we should be at liberty to train up our children in the way they should go--to inspire them, with the love of an honorable fame, to kindle within them, the flame of a lofty philanthropy, and to form strong within them, the principles of humanity, virtue and religion.

Among the strongest motives to leave our native land--to abandon forever the scenes of our childhood, and to sever the most endeared connections, was the desire for a retreat where, free from the agitations of fear and molestation, we could, in composure and security, approach in worship the God of our Fathers.

Thus far our highest hopes have been realized.

Liberia is already the happy home of thousands, who were once the doomed victims of oppression; and if left unmolested to go on with her natural and spontaneous growth: if her movements be left free from the paralysing intrigues of jealous ambition and unscrupulous avarice, she will throw open a wider and a wider door for thousands who are now looking with an anxious eye for some land of rest.

Our courts of justice are open equally to the stranger and the citizen, for the redress of grievances, for the remedy of injuries, and for the punishment of crime.

Our numerous and well attended schools attest our efforts, and our desire for the improvement of our children.

Our churches for the worship of our Creator, every where to be seen, bear testimony to our piety, and to our acknowledgement of his Providence.

The native African, bowing down with us before the altar of the living God, declare that from us, feeble as we are, the light of Christianity has gone forth; while upon that curse of curses, the slave trade, a deadly blight has fallen as far as our influence extends.

Therefore, in the name of humanity, and virtue and religion--in the name of the Great God, our common Creator, and our common Judge, we appeal to the nations of Christendom, and earnestly and respectfully ask of them, that they will regard us with the sympathy and friendly consideration, to which the peculiarities of our condition entitle us, and to extend to us that comity which marks the friendly intercourse of civilized and independent communities.

DONE in CONVENTION, at Monrovia, in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight Hundred and Forty-seven. In witness whereof we have hereto set our names.

MONTSERRADO COUNTY,

S. BENEDICT, _President_ H. TEAGE, ELIJAH JOHNSON, J. N. LEWIS, BEVERLY R. WILSON, J. B. GRIPON.

GRAND BASS COUNTY,

JOHN DAY, AMOS HERRING, A. W. GARDNER, EPHRAIM TITLER.

COUNTY OF SINOE,

R. E. MURRAY.

JACOB W. PROUT, _Secretary of the Convention_.

CONSTITUTION OF THE REPUBLIC OF LIBERIA

_PREAMBLE_

The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it, with the power of enjoying in safety and tranquility, their natural rights, and the blessings of life; and whenever these great objects are not obtained, the people have a right to alter the government and to take measures necessary for their safety, prosperity, and happiness.

Therefore, we the People of the Commonwealth of Liberia, in Africa, acknowledging with devout gratitude, the goodness of God, in granting to us the blessings of the Christian Religion, and political, religious and civil liberty, do, in order to secure these blessings for ourselves and our posterity, and to establish justice, insure domestic peace, and promote the general welfare, hereby solemnly associate, and constitute ourselves a Free, Sovereign and Independent State by the name of the REPUBLIC of LIBERIA, and do ordain and establish this Constitution for the government of the same.

ARTICLE I

BILL OF RIGHTS

SECTION 1. All men are born equally free and independent, and have certain natural, inherent and inalienable rights: among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

SECTION 2. All power is inherent in the people; all free governments are instituted by their authority, and for their benefit, and they have the right to alter and reform the same when their safety and happiness require it.

SECTION 3. All men have a natural and inalienable right to worship God according to the dictates of their consciences, without obstruction or molestation from others: all persons demeaning themselves peaceably, and not obstructing others in their religious worship, are entitled to the protection of law, in the free exercise of their own religion, and no sect of Christians shall have exclusive privileges or preference over any other sect; but all shall be alike tolerated; and no religious test whatever shall be required as a qualification for civil office, or the exercise of any civil right.

SECTION 4. There shall be no slavery within this Republic. Nor shall any citizen of this Republic, or any person resident therein, deal in slaves, either within or without this Republic, directly or indirectly.

SECTION 5. The people have a right at all times, in an orderly and peaceable manner to assemble and consult upon the common good, to instruct their representatives, and to petition the government, or any public functionaries for the redress of grievances.

SECTION 6. Every person injured shall have remedy therefor, by due course of law; justice shall be done without denial or delay; and in all cases, not arising under martial law or upon impeachment, the parties shall have a right to a trial by jury, and to be heard in person or by counsel, or both.

SECTION 7. No persons shall be held to answer for a capital or infamous crime, except in cases of impeachment, cases arising in the army or navy, and petty offences, unless upon presentment by a grand jury; and every person criminally charged shall have a right to be seasonably furnished with a copy of the charge, to be confronted with the witnesses against him,--to have compulsory process for obtaining witnesses in his favor; and to have a speedy, public, and impartial trial by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself; and no person shall for the same offence be twice put in jeopardy of life or limb.

SECTION 8. No person shall be deprived of life, liberty, property, or privilege, but by judgment of his peers or the law of the land.

SECTION 9. No place shall be searched, nor person seized on a criminal charge or suspicion, unless upon warrant lawfully issued, upon probable cause supported by oath, or solemn affirmation, specially designating the place or person, and the object of the search.

SECTION 10. Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishments inflicted. Nor shall the Legislature make any law impairing the obligation of contracts nor any law rendering any acts punishable when it was committed.

SECTION 11. All elections shall be by ballot; and every male citizen of twenty-one years of age, possessing real estate, shall have the right of suffrage.

SECTION 12. The people have a right to keep and bear arms for the common defence and as in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the Legislature; and the military power shall always be held in exact subordination to the civil authority and be governed by it.

SECTION 13. Private property shall not be taken for public use without just compensation.

SECTION 14. The powers of this government shall be divided into three distinct departments: Legislative, Executive and Judicial, and no person belonging to one of these departments shall exercise any of the powers belonging to either of the other. This section is not to be construed to include Justices of the Peace.

SECTION 15. The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this Republic.

The printing press shall be free to every person who undertakes to examine the proceedings of the Legislature, or any branch of government; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions, is one of the invaluable rights of man, and every citizen may freely speak, write and print, on any subject, being responsible for the abuse of that liberty.

In prosecutions, for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right to determine the law and the facts, under the directions of the courts; as in other cases.

SECTION 16. No subsidy, charge, impost, or duties ought to be established, fixed, laid or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the Legislature.

SECTION 17. Suits may be brought against the Republic in such manner, and in such cases as the Legislature may by law direct.

SECTION 18. No person can, in any case, be subject to the law martial, or to any penalties or pains by virtue of that law, (except those employed in the army or navy, and except the militia in actual service) but by the authority of the Legislature.

SECTION 19. In order to prevent those who are vested with authority, from becoming oppressors, the people have a right at such periods, and in such manner, as they shall establish by their frame of government, to cause their public officers to return to private life, and to fill up vacant places, by certain and regular elections and appointments.

SECTION 20. That all prisoners shall be bailable by sufficient sureties; unless, for capital offences, when the proof is evident, or presumption great; and the privilege and benefit of the writ of _habeas corpus_ shall be enjoyed in this Republic, in the most free, easy, cheap, expeditious and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.

ARTICLE II

LEGISLATIVE POWERS

SECTION 1. That the legislative power shall be vested in a Legislature of Liberia, and shall consist of two separate branches--a House of Representatives and a Senate, to be styled the Legislature of Liberia; each of which shall have a negative on the other, and the enacting style of their acts and laws shall be, “_It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled._”

SECTION 2. The representatives shall be elected by and for the inhabitants of the several counties of Liberia, and shall be apportioned among the several counties of Liberia, as follows: The county of Montserrado shall have four representatives, the county of Grand Bassa shall have three, and the county of Sinoe shall have one; and all counties hereafter which shall be admitted into the Republic shall have one representative, and for every ten thousand inhabitants one representative shall be added. No person shall be a representative who has not resided in the county two whole years immediately previous to his election and who shall not, when elected be an inhabitant of the county, and does not own real estate of not less value than one hundred and fifty dollars in the county in which he resides, and who shall not have attained the age of twenty-three years. The representatives shall be elected biennially, and shall serve two years from the time of their election.

SECTION 3. When a vacancy occurs in the representation of any county by death, resignation, or otherwise, it shall be filled by a new election.

SECTION 4. The House of Representatives shall elect their own Speaker and other officers; they shall also have the sole power of impeachment.

SECTION 5. The Senate shall consist of two members from Montserrado County, two from Grand Bassa County, two from Sinoe County, and two from each county which may be hereafter incorporated into this Republic. No person shall be a senator who shall not have resided three whole years immediately previous to his election in the Republic of Liberia, and who shall not, when elected, be an inhabitant of the county which he represents, and who does not own real estate of not less value than two hundred dollars in the county which he represents, and who shall not have attained the age of twenty-five years. The senator for each county who shall have the highest number of votes shall retain his seat four years, and the one who shall have the next highest number of votes, two years; and all who are afterwards elected to fill their seats, shall remain in office four years.

SECTION 6. The Senate shall try all impeachments; the senators being first sworn or solemnly affirmed to try the same impartially and according to law; and no person shall be convicted but by the concurrence of two-thirds of the senators present. Judgment, in such cases, shall not extend beyond removal from the office and disqualification to hold an office in the Republic; but the party may be tried at law for the same offense. When either the President or Vice-President is to be tried, the Chief Justice shall preside.

SECTION 7. It shall be the duty of the Legislature as soon as conveniently may be, after the adoption of this Constitution, and once at least in every ten years afterwards, to cause a true census to be taken of each town and county of the Republic of Liberia; and a representative shall be allowed every town having a population of ten thousand inhabitants; and for every additional ten thousand in the counties after the first census one representative shall be added to that county, until the number of representatives shall amount to thirty; and afterwards, one representative shall be added for every thirty thousand.

SECTION 8. Each branch of the Legislature shall be judge of the election returns and qualification of its own members. A majority of each shall be necessary to transact business, but a less number may adjourn from day to day and compel the attendance of absent members. Each House may adopt its own rules of proceedings, enforce order, and, with the concurrence of two-thirds, may expel a member.

SECTION 9. Neither House shall adjourn for more than two days without the consent of the other; and both Houses shall always sit in the same town.

SECTION 10. Every bill or resolution which shall have passed both branches of the Legislature, shall, before it becomes a law, be laid before the President for his approval; if he approves, he shall sign it; if not, he shall return it to the Legislature with his objections. If the Legislature shall afterwards pass the bill or resolution by a vote of two-thirds in each branch it shall become a law. If the President shall neglect to return such bill or resolution to the Legislature with his objections for five days after the same shall have been so laid before him, the Legislature remaining in session during that time, such neglect shall be equivalent to his signature.

SECTION 11. The Senators and Representatives shall receive from the Republic a compensation for their services to be ascertained by law; and shall be privileged from arrest, except for treason, felony, or breach of the peace, while attending at, going to, or returning from, the session of the Legislature.

ARTICLE III

EXECUTIVE POWER

SECTION 1. The supreme executive power shall be vested in a President, who shall be elected by the people, and shall hold his office for the term of two years. He shall be commander-in-chief of the army and navy. He shall in the recess of the Legislature have power to call out the militia, or any portion thereof, into actual service in defence of the Republic. He shall have power to make treaties, provided the Senate concur therein by a vote of two-thirds of the senators present. He shall nominate, and with the advice and consent of the Senate, appoint and commission all ambassadors and other public ministers and consuls, secretaries of State, of War, of the Navy, and of the Treasury, Attorney General, all judges of courts, sheriffs, coroners, registers, marshals, justices of the peace, clerks of courts, notaries public, and all other officers of State,--civil and military, whose appointment may not be otherwise provided for by the Constitution, or by standing laws. And in the recess of the Senate, he may fill any vacancies in those offices, until the next session of the Senate. He shall receive all ambassadors and other public ministers. He shall take care that the laws are faithfully executed:--he shall inform the Legislature, from time to time, of the condition of the Republic, and recommend any public measures for their adoption which he may think expedient. He may, after conviction, remit any public forfeitures and penalties, and grant reprieves and pardons for public offences except in cases of impeachment. He may require information and advice from any public officer touching matters pertaining to his office. He may, on extraordinary occasions, convene the Legislature, and may adjourn the two Houses whenever they cannot agree as to the time of adjournment.

SECTION 2. There shall be a Vice-President who shall be elected in the same manner and for the same term as that of the President, and whose qualifications shall be the same; he shall be President of the Senate, and give the casting vote when the house is equally divided on any subject. And in the case of the removal of the President from office, or his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Legislature may by law provide for the cases of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected.

SECTION 3. The Secretary of State shall keep the records of the State, and all the records and papers of the Legislative body, and all other public records and documents not belonging to any other department, and shall lay the same when required, before the President or Legislature. He shall attend upon them when required, and perform such other duties as may be enjoined by law.

SECTION 4. The Secretary of the Treasury, or other persons who may by law be charged with custody of public monies, shall, before he receive such monies, give bonds to the State, with sufficient sureties, to the acceptance of the Legislature, for the faithful discharge of his trust. He shall exhibit a true account of such monies when required by the President, or Legislature, and no monies shall be drawn from the Treasury, but by warrant from the President in consequence of appropriation made by law.

SECTION 5. All ambassadors and other public ministers and consuls, the Secretary of State, of War, of the Treasury, and of the Navy, the Attorney General and Post Master General, shall hold their office during the pleasure of the President. All justices of the peace, sheriffs, coroners, marshals, clerks of courts, registers, and notaries public, shall hold their offices for the term of two years from the date of their respective commissions; but they may be removed from office within that time by the President at his pleasure; and all other officers whose term of office shall not be otherwise limited by law, shall hold their offices during the pleasure of the President.

SECTION 6. Every civil officer may be removed from office by impeachment for official misconduct. Every such officer may also be removed by the President upon the address of both branches of the Legislature, stating their particular reason for his removal. No person shall be eligible to the office of President who has not been a citizen of this Republic for at least five years, and who shall not have attained the age of Thirty-five years, and who is not possessed of unencumbered real estate of the value of Six hundred dollars.