1st. Protection of the arts and industrial enterprises, and particularly
of agriculture, on account of its social, political, and economical
importance.
2d. Reform of the constitution, reducing the number of states, and
granting to the government general power sufficient to secure their
obedience, and the reform of the judicial power.
3d. Laws explaining the true meaning of the fundamental basis of the
union, and establishing their sanction, and determining the power which
shall take cognizance of their infraction.
4th. Reduction of the imposts and expenditures.
5th. Reorganization of the public credit.
6th. Laws which shall correct the alleged practice of foreigners in
prosecuting their affairs through the diplomatic channel.
7th. Substantial reforms in the matter of public order and of the
national police.
Many of these suggestions are undoubtedly worthy of the serious
consideration of congress, especially the one in regard to the reduction
of the number of states. With a population not exceeding 1,500,000,
Venezuela has twenty states. These states are, in fact, whatever may be
the theory, sovereign and independent, not only of each other, but,
almost, also of the general government. Even in cases of insurrections
in the states or invasion of one by another, the general government is
denied the power to interfere, unless, indeed, its very existence, in
consequence of either, is imperilled. The reform of the constitution, in
respect to the number of states, and also granting additional powers to
the general government, is urgently asked for in the message, and it is
understood that these recommendations are particularly approved by
President Falcon, and that all of his influence will be brought to bear
to effect their accomplishment.
In regard to the alleged practice of foreigners prosecuting their
business through the different legations, I would say that in most cases
where such course has been adopted, I believe it to have been a
necessity on their part, imposed by the fact that the judicial tribunals
of this country are not only dilatory to the last degree, but subject to
the suspicion of bribery, and often easily controlled in their action by
dislike to foreigners.
It is, however, not one or two reforms that are needed. This government
requires a thorough reform in almost every department before it can hope
to assume any position among or be respected by other governments.
Republicanism in Venezuela is but a name, and is neither comprehended by
her people nor desired by her leaders.
[Translation.]
Legislators of my Country: I cordially
congratulate you on your having been chosen by Providence to
organize, upon a solid basis, the federal system, assailed as well
by the prostration consequent upon the great efforts necessary to
establish it as by sectional passions and interests.
I trust that, being elected to so exalted a mission, there will not
be wanting to you the assistance of the light from on high to
accomplish it fully.
[Page 810]
The reassembling of the legislative body is an event that, by its
influence upon the common weal, necessarily calls the attention of
all citizens who expect of it, as the depositary of the supreme
power, salutary rules to govern them in their public and private
conduct. For this reason, if congress, disregarding the importance
of their august functions, do not correspond to the hopes of their
constituents, they end in becoming the cause of the greatest evils,
because the citizen, not finding in the institutions and laws the
protection he wants, looks upon himself as lost; deems his forlorn
situation interminable. Victim of despondency, his patriot ism
droops, and in his hatred for the institutions looks for the remedy
for his sufferings to extreme means, even to the subversion of
public order. Although it is impossible to ascertain at once all the
measures indispensable to insure happiness to the nation,
nevertheless the public powers are bound to show by their acts that
they are working to accomplish it; that they watch, in the first
place, over the inestimable boon of peace, acting in such a manner
that the interests, well understood, of all the members of society
should tend to preserve it, and to this end they should be the
foremost in giving the example, since they sanctioned the precept,
of respecting what is due to the sacred rights of individuals,
inculcating, in order to effect this, in all its members, the
knowledge of their rights and their duties; stimulating public
instruction in all its branches by protecting, with adequate laws,
the arts and enterprises of the country, and, above all,
agriculture, this nurse of States, eternal reproducer of the fruits
and gifts of the earth, which, furnishing the means of subsistence,
augments population, and yielding the prime materials affords
abundant nourishment to industry and commerce, thus constituting a
perennial stream of riches and prosperity for the nation. For this
reason, when agriculture has reached a flourishing condition, all
citizens are interested in removing all causes of war, both
intestine and foreign, its irreconcilable enemies, which succeeds in
this way in becoming a sure guarantee of peace. For this reason
governments in all ages of the world, in fulfilment of their most
unrelinquishable duty, have endeavored to encourage this first art,
innate in man, an unequivocal token of the progressive march or
countries and of the consequent welfare of their inhabitants.
Submitting to opinion, that legislator of nations, that echo of the
voice and of the reason of the people, a principle which, as an
enemy to despotism, ought to rule in all free countries, our
constitutional chart was framed the most liberal one that the
history of nations records. Therein was created the sovereignty of
the States, so ample that it came near attacking the federative
principle itself; that is, the union principle to constitute a
common authority. The institution of a general government supposes
the relinquishment or abandonment on the part of the States of a
portion of the rights that constitute their absolute sovereignty. To
deny this portion to the general government, under any pretext
whatever, is to oppose the existence of the federative system;
breaking the links that constitute the union, without which, instead
of confederated states they would be separate and absolutely
independent. If the general government is not to have power
sufficient to make itself obeyed within the States, it will have no
object, or, rather, there will be no government.
If the federal republic has been saved, during the period it counts
of existence, from the evils and horrors of anarchy, it is owing to
the omnipotent power of public opinion, because the deficiency of
the central power has been supplied by the prestige of the great
marshal, seconded by his ardent patriotism, thus furnishing the
means most adequate for the people to convince themselves of the
necessity of investing the central power with the attributes
indispensable for the due performance of its high functions; without
this the federation would be an anarchy.
The reform of the constitution has been asked for by the majority of
the States; it behooves congress, then, to satisfy this desire by
sanctioning measures which, at the same time that they strengthen
the central power, do not dismember the autonomy of the States,
except in the part necessary for that object. In regard to which I
proceed to make those suggestions which I think most
indispensable—reduction of the number of the States. This is the
point to which those who ask for the reform of the constitution
principally confine themselves, impelled, no doubt, by the
conviction which they have acquired during the period already
transpired, that the multiplicity of weak States, incapable, by
their own efforts, of coming out of their stationary and sad
situation, of causing themselves to be respected by their neighbor,
and of supporting suitably a regular administration, exposes them,
at every step, to intestine revolts, and to become victims to the
evil passions of some of their own sons, who, in despite of the laws
and of the constitutive principles of every society, climb to power,
employing means which should precisely banish them perpetually from
it. This truth is proved by lamentable occurrences that should be
remembered only to be endeavored to be avoided, and so I recommend
it to you.
The reduction of the States carries along with it the reform of some
other articles of the constitution, among which the judicial power
particularly calls your attention, the essential and constitutive
basis of all societies, since it is that which decides upon the
life, the honor, and property, the three objects most dear to man,
at once the motive and end which have led him to constitute himself
in society, and without the attainment and real enjoyment of which,
vain are so many sacrifices which he has imposed upon himself, vain
the suppression of his passions, his respect to the law and the
authorities, vain his very devotedness to labor. It is necessary,
before anything else be done, to free this power from local
influences and from political vicissitudes and instability, to
insure which, not only should the nature and amount
[Page 811]
of business serve as a rule, but the
security of men fit to administer justice, which, together with the
want of resources, is the cause that in some States the judicial
power has not as yet been constituted; that in others there is
hardly held the first instance; that in many, in order to satisfy
the urgent necessity of its existence, an attempt has been made to
repair the evil with one still greater, raising to the rank of
judges men who are wanting in the knowledge necessary to act as
such, and only fit to divest authority of its lustre, the law of all
respect.
Although the constitutional compact establishes the basis of the
union in facts, as well as laws and local regulations, it is
necessary to say it, the greater part of them have been violated; it
is proper, then, to frame laws that, embodying the true meaning of
the fundamental basis, shall establish their sanction, and designate
the public power which is to apply punishment to the infractor. You
must remember that it is the central power that represents the
interests of the Venezuelan federation in the great society of
nations, to which it alone is amenable for all the acts that,
violating the principles of international law, are committed by any
State whatever, to the end that you grant to the central power the
attributes necessary to avoid and correct them.
The report of the interior and justice will inform you of all
relative to the revolts which have unfortunately taken place in some
of the States. To-day, notwithstanding, I can assure you that the
peace of the republic is re-established; but this is owing solely,
it can be so expressed, to the beneficent principle of the authority
centred in the great marshal President, who, absent temporarily from
the executive administration of the nation, has visited all the
points where peace has been disturbed, to return to the country a
condition so indispensable to its complete welfare. Without this
prestige, without this moral power, without this affluence of
authority, based upon his high civic and military endowments, the
republic would have fallen into anarchy; being such that, in order
to quell it, his clemency and respect for the law—qualities which,
for the happiness of Venezuela, are combined in an eminent degree in
the present chief of the union—have sufficed. These very
disturbances furnish reasons justifying the measures, which I trust
you will take, in order to prevent their repetition.
The treasury.—The object of this department is
to attend to the expenditures of the nation by means of its
contributions; but these expenditures ought to be such as are solely
indispensable and economically necessary, and the contributions that
exceed these limits are unjust, without there being any power
whatever authorized to impose them, because to create expenditures,
under whatever title, calculating to pay them with the augmentation
of the contributions, is a system highly ruinous to the prosperity
of the country, and, besides, contrary to the very end itself that
it proposes, because, by impoverishing the citizens, it renders them
incapable of paying the contributions, and the treasury impotent to
pay its expenditures. It is, therefore, necessary to reduce these
expenditures until their proportion be equal to the product of just
contributions, and to effect it the list should be reduced of the
employés in ail the branches of the administration. In this respect
no fear can be entertained that the public service will suffer,
because a small number of capable employés, punctually paid and
therefore devoted to the rigorous performance of their duties, as
might be required of them, would give a result more satisfactory
than a large number of employés, less capable, badly compensated,
disheartened, and under the necessity of devoting a part of their
time to procure the means of subsistence.
In the military list, also, great economy can be introduced, as well
as in pensions and reward. In regard to these let me be allowed to
plead on behalf of those who legitimately are deserving thereof.
Nothing is more just, nothing more humane, than that the whole nation
should contribute to succor those who, in defending their country,
have remained unable to procure by their work their daily
subsistence; but to grant the same favor to many who are not in this
case, is to render it impossible for the treasury, by reason of the
increased number of the pensioners, to comply with those truly
worthy of this succor, who behold themselves defrauded of a right so
well acquired.
I must here urge you to turn your attention to the internal and
foreign public debt. It is all-necessary that by well-meditated
measures, credit should be sustained, and that there be given to
both debts a value which, by its circulation, may tend to raise the
arts and agriculture from the state of prostration in which they
lie; for it is a principle admitted by all enlightened nations, that
the circulation of the national debt is equivalent to the creation
of coin, which increases with the credit that measures, wisely
combined, cause the debt to enjoy. In the report of this branch you
will find further detail upon this point.
Our foreign relations have not suffered any alteration; this is one
of the ends to which the government has devoted its attention; the
respective reports will inform you of the course which they have
taken. The meagreness of our revenues on one part, and the
extraordinary augmentation of the expenditures caused by intestine
revolts on the other, have not allowed us to comply entirely with
the obligations imposed by diplomatic conventions; notwithstanding
the regard that our situation has elicited is commendable, and this
conduct is a further reason why you should provide some secure means
to discharge them.
I must also submit here very particularly to your consideration an
abusive practice among foreigners, who prosecute their business
through diplomatic channels, it being so that the laws of nations
have defined clearly the cases and circumstances in which this
recourse
[Page 812]
ought to be
availed of I think, therefore, that you ought to pass a law which,
restraining this abuse, shall destroy the unjust difference that
exists in this respect between foreigners and Venezuelans, and
renders the condition of the former better than that of the
latter.
War.—I have already made you acquainted with
the motives that obliged the great citizen marshal President to
declare himself in campaign service, assuming the command in chief
of the army, respecting the operations of which the report of the
branch presents to you further details, as likewise the measures of
organization which have been introduced, and others which are asked
for.
The matter of public works or progress of the country embraces all
the branches of the public administration; but herein it is only
possible to touch upon those points which I deemmost urgent to
organize. The civil legislation of Venezuela is a chaos, wherein are
to be found discordant and heterogeneous elements. It consists of
the Spanish laws existing up to 1808, and whose origin goes back to
the thirteenth century; of the laws of the Indies, I enacted for a
people conquered and treated as savages; of a few laws of Colombia,
and of those passed by our legislative bodies during the 36 years we
count of political existence. The progress, then, of the country
needs the, creation of national codes, corresponding to the position
we have reached in civilization, which should establish the statutes
of law and regulate the proceedings in all the branches of civil
legislation. This is a work that requires time, study, and an
abundance of special knowledge, theoretical as well as practical,
and which only a commission of persons of ability can duly perform.
Public order and national policy require also substantial reforms to
place them in harmony with the federal institutions that govern us
to-day. Public instruction, the germ of the future welfare of the
country, demands most especially your careful attention; sanctioning
for the purpose a plan well combined, which, imparting unity to
studies throughout the republic, may raise them to the height that
the federal principles demand that we have proclaimed, and that only
concede superiority to talent, to moral endowments, and to
patriotism.
Another of the branches of public works is the explanation of our
rich territory; the expenditures in its realization that may be
incurred will be amply recompensed. Infinitely profitable will be to
the enterprises of the country the knowledge of all the productive
capacities of the land when once discovered by learned investigation
into the three kingdoms of nature.
Statistical reports of the republic and private lands that the
republic contains, together with a scientific classification of
their suitableness for the different branches of production, are an
indispensable basis, both to establish the imposts with justice, and
to guarantee public and I private credit; to serve as a powerful
auxiliary of immigration and colonization, as well as, finally, to
facilitate the opening of roads for communication.
I have sketched the outlines of the measures that the nation most
urgently demands: it devolves upon you to develop them without
forgetting that you are a power independent of any other power; that
the public wants and opinion should be your only guide, and that the
best laws are those which are best adapted to the character and
nature of the people for whom the laws are made.
May God inspire you in your deliberations.
Caracas, February 20,
1867.
LEON COLINA.
J. R. Pachano, Minister of the Interior and
Justice.
Nicolas Silva, Minister of Treasury.
Vicent Cabrales, Minister of Public Credit.
R. Arvelo, Minister of Public Works.
Juan F. Perez. Minister of War and Marine.
Rafael Seijas, Minister of Foreign Relations.
