Hon. William H. Seward,
Secretary of State, Washington, D. C.
Abstract of the new constitution of
Roumania.
It begins with a direct abnegation of the rule laid down by the
Porte, that the principalities are constitutionally separate. The
constitution, on the contrary, commenced by asserting that “the
united Roumanian principalities form one indivisible state, under
the name of Roumania.” The Roumans are to have “liberty of commerce,
liberty of teaching, liberty of the press, and liberty of public
meeting.” They could scarcely ask more. It remains to be seen if
these two last liberties are to exist in more than name. They were
supposed to exist under Couza, who had a troublesome habit,
notwithstanding, of suppressing what he called “disagreeable
journalism.” None, excepting Christians, can obtain the privilege of
naturalization, which is to be granted by the legislature. All
persons of Rouman birth, born under another government, can,
however, claim naturalization by a simple declaration that they
renounce all other protection. All Roumans are equal before the law,
and no class privileges are permitted. Roumans alone are admitted to
civil and political rights. Personal liberty is guaranteed; none can
be detained in prison except by judicial order, to be obtained at
furthest twenty-four hours after the arrest. No law shall be
permitted to authorize the confiscation of property. This provision
shows that the Roumans, as well as more enlightened nations, imagine
that one legislature can bind its successors. The domicile is
inviolable, as is property of every kind. The punishment of death is
abolished. The public have the full right of usage of navigable
rivers. The rural law, which enfranchises the serfs with an
indemnity to the proprietor, is confirmed. The liberty of conscience
is declared to be absolute, and all worship tolerated which does not
interfere with public morality or with good manners. The orthodox
eastern religion is that of the state, and is declared independent
of all foreign jurisdiction, retaining at the same time its unity of
faith with the Æcumenic orthodox church. With regard to education,
the constitution is especially stringent. Primary schools, giving
gratuitous instruction, are to be opened in every commune, the
attendance at which is compulsory. This is a little piece of
Prussian legislation, in accordance, no doubt, with the views of our
new hospodar. On the difficult subject of publication and public
speaking, the law allows every one the full right of printing or
uttering his opinions, with due responsibility if the effects are
injurious. The determination of this point is left to the jury, and
neither caution-money for the journals nor the censorship are
permitted. The press is not to be made liable to the system of
“advertisements,” and no journal or publication is at any time to be
suspended or suppressed. The liberty of the press, you see, can
scarcely be carried further. The people may meet at any time,
unarmed, without authorization, except in public places, which are
regulated by the police. The liberty of association is granted, as
is the privilege of prosecuting public officers by private persons
who may consider themselves aggrieved or injured.
This is the social part of the arrangement, and in theory assuredly
carries liberty to its extreme point. The state constitution
provides a prince, a senate, and a chamber of deputies as a
legislative body, either of the three having the right of initiating
laws. The sittings of the legislative assemblies must be public, but
either assembly, on the demand of the president, may form itself
into a secret committee. Members appointed by the government to any
salaried office whatever must be re-elected, an extension of the
English principle perfectly intelligible in Moldo-Wallachia. Any
member may address questions to the ministers, and any citizen may
present petitions to the legislature. The full right of expression
is allowed to members, and their persons are inviolable, except
under accusations of gross crimes. The electoral body in each
district is divided into four colleges. Persons possessing a yearly
revenue of three hundred ducats or more belong to the first, those
with revenues from one hundred to three hundred ducats belong to the
second, traders paying eighty piastres taxes are placed in the
third. The two first each elect a deputy for their own electoral
district. The third category elects fifty-eight members, six at
Bucharest, three at Jassy and each of six other towns, and two at
each of six smaller towns. The fourth college is composed of all who
pay taxes, of whatever amount. Fifty of them choose a delegate, and
the delegates choose a representative. The chambers are elected for
four years. For the senate, each district nominates two members, one
for the country, the constituency being land proprietors of at least
three hundred ducats yearly, and the other for the chief town of the
district, the constituency being house proprietors of the same
amount. The universities of Jassy and Bucharest nominate to the
senate a member each. Senators must be forty years of age and
possessed of an income of eight hundred ducats yearly. This
qualification is not enforced for officers in the army or persons
who have been members of the ministerial or diplomatic bodies.
In applying the constitution to the throne, the Porte is again
ignored. Charles of Hohenzollern is declared hereditary prince,
failing whose male issue the right of succession reverts to his
brothers or their descendants. These failing, the prince may choose
his successor from one of the reigning families of Europe, subject
to the national approval. The rights are defined with some
minuteness, but they are precisely those of any ordinary
constitutional sovereign. Coming to the executive, the constitution
provides that no member of the reigning family shall be a minister.
One minister at least must be present during the debates of the
assembly, which may require the attendance of the whole body. The
ministers may be prosecuted by the——, and cannot be pardoned by the
prince if found guilty, except on the
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demand of the assembly itself. All taxes must
be voted by the assembly, and an annual budget presented. The
remaining regulations refer to matters of form, and are in some
instances merely temporary. One is deserving of notice, by which
every Roumanian is declared to belong either to the regular army,
the militia, or the national guard. This is assuming the principle
of conscription as innately applicable to every inhabitant of the
provinces.
