Liberia: Description, History, Problems
Part 25
SECTION 7. The President shall at stated times receive for his services compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and before he enters on the execution of his office, he shall take the following oath or affirmation:--
_I do solemnly swear (or affirm), that I will faithfully execute the office of President of the Republic of Liberia, and will, to the best of my ability, preserve, protect and defend the Constitution, and enforce the laws of the Republic of Liberia._
ARTICLE IV
JUDICIAL DEPARTMENT
SECTION 1. The judicial power of this Republic shall be vested in one Supreme Court, and such subordinate courts as the Legislature may from time to time establish. The judges of the Supreme Court, and all other judges of courts, shall hold their office during good behaviour; but may be removed by the President, on the address of two-thirds of both houses for that purpose, or by impeachment, and conviction thereon. The judges shall have salaries established by law, which may be increased, but not diminished during their continuance in office. They shall not receive other perquisites, or emoluments whatever from parties, or others, on account of any duty required of them.
SECTION 2. The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, or other public ministers and consuls, and those to which a country shall be a party. In all other cases the Supreme Court shall have appellate jurisdiction, both as to law and facts, with such exceptions and under such regulations as the Legislature shall from time to time make.
ARTICLE V
MISCELLANEOUS PROVISIONS
All laws now in force in the Commonwealth of Liberia and not repugnant to the Constitution shall be in force as the laws of the Republic of Liberia until they shall be repealed by the Legislature.
SECTION 2. All judges, magistrates, and other officers now concerned in the administration of justice in the Commonwealth of Liberia, and all other existing civil and military officers therein, shall continue to hold and discharge the duties of their respective offices in the name and by the authority of the Republic until others shall be appointed and commissioned in their stead, pursuant to the Constitution.
SECTION 3. All towns and municipal corporations within the Republic, constituted under the laws of the Commonwealth of Liberia, shall retain their existing organizations and privileges, and the respective officers thereof shall remain in office and act under the authority of this Republic in the same manner and with like power as they now possess under the laws of said Commonwealth.
SECTION 4. The first election of President, Vice-President, Senators and Representatives, shall be held on the first Tuesday in October, in the year of Our Lord, Eighteen Hundred and Forty-seven, in the same manner as the election of members of the Council are held in the Commonwealth of Liberia; and the votes shall be certified and returned to the Colonial Secretary, and the result of the election shall be ascertained, posted, and notified by him, as is now by law provided, in case of such members of Council.
SECTION 5. All other elections of Presidents, Vice-President, Senators and Representatives, shall be held in the respective towns on the first Tuesday in May in every two years; to be held and regulated in such a manner as the Legislature may by law prescribe. The returns of votes shall be made to the Secretary of State, who shall open the same and forthwith issue notices of the election to the persons apparently so elected Senators and Representatives; and all such returns shall be by him laid before the Legislature at its next ensuing session, together with a list of the names of the persons who appear by such returns to have been duly elected Senators and Representatives; and the persons appearing by said returns to be duly elected shall proceed to organize themselves accordingly, as the Senate and House of Representatives. The votes for President shall be sorted, counted and declared by the House of Representatives; and if no person shall appear to have a majority of such votes, the Senators and Representatives present, shall, in convention, by joint ballot, elect from among the persons having the three highest number of votes, a person to act as President for the ensuing term.
SECTION 6. The Legislature shall assemble once at least in every year, and such meetings shall be on the first Monday in January, unless a different day shall be appointed by law.
SECTION 7. Every legislator and other officer appointed under this Constitution shall, before he enters upon the duties of his office, take and subscribe a solemn oath, or affirmation, to support the Constitution of this Republic, and faithfully and impartially discharge the duties of such office. The presiding officer of the Senate shall administer such oath or affirmation, to the President in Convention of both Houses; and the President shall administer the same to the Vice-President, to the Senators, and to the Representatives in like manner. When the President is unable to attend, the Chief Justice of the Supreme Court may administer the oath, or affirmation to him at any place, and also to the Vice-President, Senators, and Representatives, in convention. Other officers may take such oath, or affirmation before the President, Chief Justice, or any other person who may be designated by law.
SECTION 8. All elections of public officers shall be made by a majority of the votes, except in cases otherwise regulated by the Constitution, or by law.
SECTION 9. Officers created by this Constitution, which the present circumstances of the Republic do not require that they shall be filled, shall not be filled until the Legislature shall deem it necessary.
SECTION 10. The property of which a woman may be possessed at the time of her marriage, and also that of which she may afterwards become possessed, otherwise than by her husband, shall not be held responsible for his debts, whether contracted before, or after marriage.
Nor shall the property thus intended to be secured to the woman be alienated otherwise than by her free and voluntary consent, and such alienation may be made by her either by sale, devise, or otherwise.
SECTION 11. In all cases in which estates are insolvent, the widow shall be entitled to one third of the real estate during her natural life, and to one third of the personal estate, which she shall hold in her own right, subject to alienation by her, by sale, devise, or otherwise.
SECTION 12. No person shall be entitled to hold real estate in this Republic unless he be a citizen of the same. Nevertheless this article shall not be construed to apply to colonization, missionary, educational, or other benevolent institutions, so long as the property, or estate is applied to its legitimate purpose.
SECTION 13. The great object of forming these colonies being to provide a home for the dispersed and oppressed children of Africa, and to regenerate and enlighten this benighted continent, none but persons of color shall be admitted to citizenship in this Republic.
SECTION 14. The purchase of any land by any citizen, or citizens from the aborigines of this country for his or their own use, or for the benefit of others, as estate or estates, in fee simple, shall be considered null and void to all intents and purposes.
SECTION 15. The improvement of the native tribes and their advancement in the art of agriculture and husbandry being a cherished object of this government, it shall be the duty of the President to appoint in each county some discreet person whose duty it shall be to make regular and periodical tours through the country for the purpose of calling the attention of the natives to those wholesome branches of industry, and of instructing them in the same, and the Legislature shall, as soon as it can conveniently be done, make provisions for these purposes by the appropriation of money.
SECTION 16. The existing regulations of the American Colonization Society, in the Commonwealth, relative to immigrants, shall remain the same in the Republic until regulated by compact between the Society and the Republic; nevertheless, the Legislature shall make no law prohibiting emigration. And it shall be among the first duties of the Legislature, to take measures to arrange the future relations between the American Colonization Society and this Republic.
SECTION 17. This Constitution may be altered whenever two thirds of both branches of the Legislature, shall deem it necessary; in which case the alterations or amendments, shall first be considered and approved by the Legislature by the concurrence of two thirds of the members of each branch and afterwards by them submitted to the people, and adopted by two thirds of all the electors at the next biennial meeting for the election of Senators, and Representatives.
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, and of the REPUBLIC the first. In witness whereof we have hereto set our names.
(As before.)
AN ACT AMENDING THE CONSTITUTION OF THE REPUBLIC of LIBERIA
1907
An Act proposing Sundry Amendments to the Constitution of Liberia.
_It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled_:--
SECTION 1. That the following Amendments shall become part of the National Constitution and be submitted to the people at the ensuing biennial election to be held on the first Tuesday in May, A. D. 1907, throughout the several counties of the Republic for their consideration and approval, or non-approval, and the ballot shall be written “adoption, or no adoption.”
SECTION 2. That Article 3rd, Section 1st be made to read, “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 four years and be elected quadrennially.”
SECTION 3. That Article 2nd, Section 2nd, after the words “Twenty-three years” be made to read, The Representatives shall be elected quadrennially and shall serve for four years from the time of their election.
SECTION 4. That Article 2nd, Section 5th, after the words, “Twenty-five” be made to read “The Senators shall serve for six years and shall be elected quadrennially, and those elected May, A. D. 1905, shall retain their seat for six years, from the time of their election, and all who are afterwards elected, six years.”
SECTION 5. That when a vacancy occurs in the office of Vice-President by death, resignation or otherwise, after the regular election of the President and Vice-President, the President shall immediately order a special election to fill said vacancy.
SECTION 6. That Article 5th, Section 13th be made to read “None but Negroes or persons of Negro descent, shall be eligible to citizenship in this Republic.”
SECTION 7. That Section 3rd, of Article 4th, be made to read, “The judges of the Supreme Court shall be the Chief and two Associate Justices.”
Any law to the contrary notwithstanding.
SUGGESTIONS
Made by the Liberian Government to the American Commission in 1909
1. That the Government of the United States be requested to guarantee as far as practicable the independence and integrity of Liberia, either alone or in conjunction with certain European powers.
2. To advise and counsel the Government of Liberia on international affairs and with respect to reforms.
3. The Government of the United States be requested to liquidate the foreign and local indebtedness of the Republic, taking over the control of its financial and customs administrations for a period of years sufficient to effect a reorganization and systematization of same under American experts and allowing to the Republic an annual sum to be hereinafter agreed upon for the payment of the expenses of the Government and for internal improvements until the amount advanced by the United States for the liquidation of the indebtedness of the Republic be paid.
4. That the United States Government be requested to furnish the Republic with experts for service in such departments of government as may be deemed necessary--at the expense of the latter--in order to facilitate and carry out the necessary reforms.
5. That the Government of the United States be requested to use its good offices in inducing American capitalists--either in conjunction with foreign capitalists or alone--to establish a bank in Liberia which shall receive the revenues of the Republic and make advances to the Government upon terms to be agreed upon, and also to construct and run railways and other improvements.
6. That the Government of the United States be requested to enter into an arbitration treaty with Liberia, and to use its good and kind offices with the European powers interested in West Africa to enter into similar engagements with the Republic.
7. That the American Government be requested to use their good offices to secure the equitable execution of the boundary arrangements entered into between the Government of Liberia and the Government of Great Britain and France, especially to assist the Government of Liberia diplomatically to secure possession of the Kanre Lahun section and other sections in the north of Liberia, now occupied by Great Britain, which by the Anglo-Liberian boundary commission were acknowledged to this Republic, as well as the securing to Liberia the hinterland recognized as Liberian by the conventions concluded between her and France, but which has been materially altered to the detriment of Liberia by the delimitation commission of 1908-9.
8. That the Government of the United States be requested to undertake a scientific research of the country with the view of ascertaining a more accurate knowledge of its mineral, vegetable, and other resources, and to interest American capitalists in the development of the same; and also to aid the Government of Liberia in the establishment of a school for scientific medical research with particular reference to the study of tropical diseases.
9. To aid the Government of Liberia in establishing industrial schools in one or more of the counties of the Republic with a view of promoting a knowledge of such trades and industries as will render the Republic self-reliant.
10. To aid in establishing civilized centers on the frontiers and hinterland in order to accelerate the uplifting and improvement of the natives and perpetuate the object of the American founders of Liberia.
11. To supervise the organization of a police and frontier force under American officers.
12. To request the United States war ships to visit Liberia annually, or oftener.
13. It is the anxious desire of Liberia that closer business relations and a substantial sail or steam service be established between the mother country and ours, and to this end we earnestly ask that the United States will encourage and foster a regular line of steamers (by an American company) to carry mails and passengers to and from Liberia as well as African produce to the American markets.
14. The Government of Liberia here express its willingness to concede to the Government of the United States any rights and privileges for the construction of coaling stations or any other enterprises which she may deem necessary to enter upon that would be beneficial to the people and Government of the United States, the same not being inconsistent with existing treaty stipulations with other foreign powers.
LIBERIAN OFFICIALS
AGENTS AND GOVERNORS
Eli Ayres[D] 1822 Frederick James 1822 Elijah Johnson 1822 Jehudi Ashmun[E] 1822 Lott Carey 1828 Richard Randall[F] 1828 William Mechlin[G] 1829 John B. Pinney[H] 1834 Ezekiel Skinner[I] 1835 A. D. Williams 1836 Thomas Buchanan[J] 1839 Joseph J. Roberts 1841
[D-J] Indicates white men.
GOVERNORS OF MARYLAND
James Hall[K] 1834 J. B. Russwurm 1836 S. F. McGill 1851 William A. Prout 1854 B. J. Drayton 1856
[K] Indicates white men.
PRESIDENTS AND VICE-PRESIDENTS OF THE REPUBLIC
Joseph J. Roberts, Monrovia 1848 Nathaniel Brandes A. D. Williams Stephen A. Benson Stephen A. Benson, Buchanan 1856 Benjamin Y. Yates Daniel B. Warner Daniel B. Warner, Monrovia 1864 James Priest James S. Payne, Monrovia 1868 Joseph Gibson Edward J. Roye, Monrovia 1870 James S. Smith Joseph J. Roberts, Monrovia 1872 Anthony W. Gardner James S. Payne, Monrovia 1876 Charles Harmon Anthony W. Gardner, Monrovia 1878 (Alfred F. Russell) 1883 Alfred F. Russell Hilary Richard Wright Johnson, Monrovia 1884 James Thompson Joseph J. Cheeseman, Edina 1892 William D. Coleman William D. Coleman, Clay-Ashland 1896 Joseph J. Ross Garretson W. Gibson, Monrovia 1902 Joseph Summerville Arthur Barclay, Monrovia 1904 Joseph Summerville 1908 James J. Dossen Daniel E. Howard, Monrovia 1912 Samuel G. Harmon
SECRETARIES OF STATE
Hilary Teague J. N. Lewis D. B. Warner E. W. Blyden J. W. Blackledge H. R. W. Johnson J. E. Moore W. M. Davis Ernest Barclay G. W. Gibson A. Barclay W. Y. Gibson (_pro tem_) H. W. Travis
NATIONAL ANTHEM
All hail, Liberia, hail! This glorious land of liberty Shall long be ours. Tho’ new her name, Green be her fame, And mighty be her powers.
In joy and gladness, with our hearts united, We’ll shout the freedom of a race benighted. Long live Liberia, happy land. A home of glorious liberty by God’s command.
All hail! Liberia, hail! In union strong, success is sure. We cannot fail. With God above, Our rights to prove, We will the world assail.
With heart and hand our country’s cause defending We meet the foe, with valor unpretending. Long live Liberia, happy land, A home of glorious liberty by God’s command.
Transcriber’s Notes
Footnotes have been moved to under the paragraph or other element in which they are referenced.
Inconsistent spelling (including spelling of names) and hyphenation in the printed work have been retained; spelling variants have not been standardised, except as mentioned below.
Page xiii: Inconsistencies between the Table of Contents and the text have been retained.
Page 24, Footnote [A]: the numbers given for the settlements in St. Paul’s do not add up to the total given.
Page 33: ... much headway is making: as printed.
Changes made:
Some obvious minor punctuation, capitalisation and typography errors have been corrected silently.
Page 18: Mioceme changed to Miocene Page 21: Congo, Belge changed to Congo Belge Page 30: Hiliary Teague changed to Hilary Teague; Russwarm changed to Russwurm Page 33: west coat changed to west coast Page 48: the island Burkom changed to the island Borkum Page 78: “ inserted before I regret to say ... Page 108: ” added after ... Government. Page 143: column headers added to table (b) Page 147: natives boys changed to native boys Page 163: 1782 schools changed to 1782 children Page 175: ” added after last signatory Page 203: Careysberg District changed to Careysburg District Page 205: ” added after ... for the whole loan. Page 250-257: lay-out standardised Page 253: Gallhinas changed to Gallinhas Page 255: Corsico changed to Corisco Page 273: ” added after ... six years. Page 275: Jehudi Ashman changed to Jehudi Ashmun Page 276: Hiliary Teague changed to Hilary Teague.