Mr. Hovey to Mr. Seward
Sir: I have the honor to inform you that, on the 31st ultimo, the new constitution of Peru was promulgated with due solemnity. The following brief résumé embraces the material and most important portions of the instrument:
The Catholic religion is the religion of the state, and no other can be publicly exercised. Kingly and hereditary privileges and entailments are prohibited; congress alone can impose taxes. The government de jure does not recognize the acts of a government de facto unless these may have been confirmed by the national congress. Acts committed by those who usurp public functions are null. There is no ex post facto law; no punishment of death; slavery is prohibited; prisons are for security and not for punishment, and unncessary severity to prisoners is not allowed; no expatriation can be ordered without previous condemnation; all labor not injurious to the public health or morality may be exercised; primary public instruction is free; material or intellectual property is inviolable; aliens are permitted to hold property under the same conditions as Peruvians; public assemblages and the right of petition are permitted; “a man’s house is his castle;” impressment of soldiers is to be considered as a crime; there are two classes of Peruvians, those by birth and by naturalization; all foreigners who engaged in the campaign of the independence or who were present at the battles of Abtao and of the 2d May, 1866, are citizens of Peru on registering their names; all citizens have the right of suffrage; the government is democratic and republican; government is divided into the executive, legislative, and judiciary; there is but one house of congress; onehalf of the representatives are elected every two years; congress assembles every 28th of July, to remain in session for 90 days; congress judges of the election of the President, declares it, and approves or rejects his nominations for civil and military appointment; congress declares war, or establishes peace, after having heard the advice of the President; congress approves or disapproves all treaties, and also examines all concordats or bulls emanating from the Pope; in case of difficulty or doubt in the election of President, congress is to decide. The President is elected for five years, and is not re-eligible for five years from the end of his term. In case of the presidency becoming vacant, the president of the cabinet becomes President of the republic until a new President be legally elected. The President has general powers as commander-in-chief of the navy and army, but cannot personally command without the consent of congress. In time of peace the army will consist of 3,000 men, and the police force—gens d’armes—of a like number. In the capital there exists a supreme court; in departments, superior courts; in provinces, judges of the first instance; and in all towns or villages, justices of the peace.
I enclose a copy of this constitution in Spanish.
I have the honor to be, with great respect, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.