Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1912

File No. 817.011/17.

The American Minister to the Secretary of State.

No. 2.]

American Legation,
Managua, January 24, 1912.

Sir: I have the honor to enclose herewith two copies of the Gaceta Oficial of January 17, 1912, containing the Spanish text of the Nicaraguan Constitution recently promulgated with a preamble¹ mentioning me by name, and the American Chargé d’Affaires by title, as reported by Mr. Gunther in his confidential despatch No. 171 of the 15th instant.¹

Because of the pressure of matters incident to the presentation of my letters of credence I have not had an opportunity to prepare an English translation nor make a careful study of its various provisions. I have however marked all the parts which seem to have any bearing whatever on the relations between the United States and Nicaragua, including articles numbers 2, 14, 15, 44, 45, 55, 56, 57, 61, 62, 66, 71, 79, 84, 85, 103, 104, 111, 112, 117, 118, 135, 139, 151, 160, 161, 162, 163, 164, 167, 168, 170, and 171.;

After a cursory examination I am inclined to think that paragraph 14 of article 85 relating to the public revenues and customs duties and article 170 reciting the validity of the elections of General Mena and Señor Solórzano as President and Vice President, respectively, for the next ensuing term, are the two provisions most susceptible of adverse criticism. Article 170 seems to be in conflict with article 103 of the Constitution which provides for the election of the President and Vice President by direct, popular and public vote.

In any event I doubt if the objectionable provisions of the Constitution are of sufficient importance to justify at this time any effort to influence the Assembly in rescinding its action.

It is possible that if matters are allowed to take their regular course the unfriendly factions will soon exhaust themselves and thereafter become more receptive to reason.

I have [etc.]

George T. Weitzel.

[Inclosure.—Translation.]

Constitution of the Republic of Nicaragua.

In the presence of God, we the representatives of the Nicaraguan people, in constituent assembly, hereby decree and sanction the following Constitution:

Title I.—The Nation.

Art. 1. Nicaragua is a free, sovereign, and independent Nation. Its territory, which also comprises the adjacent islands, is situated between the Atlantic and Pacific Oceans and the Republics of Honduras and Costa Rica.

Art. 2. The sovereignty is one, inalienable and imprescriptible, and resides essentially in the people, from whom the officials provided for by the Constitution and laws derive their powers. Consequently, no compacts or treaties shall be concluded which are contrary to the independence and integrity of the Nation, or which in any wise affect its sovereignty, except such as may look toward union with one or more Republics of Central America.

Art. 3. Public officials shall have no other powers than those expressly conferred on them by law. All acts performed by them outside the law shall be void.

Title II.—Form of Government.

Art. 4. The Government of Nicaragua is republican, democratic representative, and centralized. It consists of three independent branches, viz, the Legislative, the Executive, and the Judicial.

Title III.—Religion.

Art. 5. The majority of Nicaraguans profess the Apostolic Roman Catholic religion. The Government guarantees the free exercise of this form of worship, as well as of all others provided they are not contrary to Christian morals and public order, the enactment of laws favoring or restricting certain creeds being prohibited.

Title IV.—Education.

Art. 6. The teaching of any lawful industry, trade, or profession shall be free. Primary instruction shall be compulsory and that financed by the Government shall be free. As regards professional instruction, the law shall determine what professions require a previous diploma for their exercise and the formalities for obtaining it.

Title V.—Nicaraguans.

Art. 7. Nicaraguans are native or naturalized.

Art. 8. The following are native:

1. Persons born in Nicaragua of parents who are Nicaraguans or domiciled foreigners.

2. Children who are born abroad and whose father or mother is a Nicaraguan, provided they choose Nicaraguan nationality.

Art. 9. The following are naturalized:

1. Natives of other Central American Republics who reside in Nicaragua and declare their desire to be Nicaraguans before the proper authority.

2. Foreign women who marry Nicaraguans.

3. Spanish-Americans who have resided one year in the country, and other foreigners who have resided there two years, provided they declare their desire to become naturalized before the proper authority.

4. Persons who secure naturalization papers according to law.

Art. 10. The following persons shall forfeit their Nicaraguan citizenship:

1. Those who, while not residing in Nicaragua, voluntarily secure naturalization in a foreign country not situated in Central America. However, they shall recover their Nicaraguan citizenship by reestablishing their domicile in Nicaragua, at whatever time this occur.

2. Nicaraguan women who marry foreigners, provided they acquire the citizenship of their husbands according to the law of the nation of the latter, but they shall recover Nicaraguan citizenship upon becoming widows if they lose the citizenship of their husbands owing to this cause.

Art. 11. The provisions of this title may be modified by treaty on condition of reciprocity.

Title VI.—Foreigners.

Art. 12. The Republic of Nicaragua shall be a safe asylum for any person seeking refuge in its territory.

Art. 13. Foreigners in Nicaragua shall enjoy all the civil rights of Nicaraguans; they shall be obliged to respect the authorities and obey the laws, and in regard to property acquired by them in the country they shall be subject to all ordinary or extraordinary taxes levied against Nicaraguans.

Art. 14. Foreigners shall not be allowed to lay claims against or demand any indemnity of the Nation except in the cases and in the manner in which Nicaraguans may do so.

Art. 15. Foreigners may resort to diplomatic channels only in case of denial of justice. The fact that an executory judgment is unfavorable to the claimant shall not be considered as such denial. If, in contravention of this provision, they fail to amicably terminate the claims which they raise, they shall forfeit the right to dwell in the country.

Art. 16. Extradition for political crimes is prohibited, even though a common-law crime arises therefrom.

Treaties and the law shall specify the cases in which extradition may take place for grave common-law crimes.

Art. 17. The manner and cases in which foreigners may be refused admission to the country or be expelled shall be prescribed by law.

Title VII.—Citizens.

Art. 18. All Nicaraguans who have reached 21 years of age shall be citizens, as well as all those who have reached the age of eighteen who are married or are able to read and write.

Art. 19. The following shall be rights of citizens:

1. Suffrage.

2. Holding public office.

3. Having and bearing arms, all in accordance with the law.

Art. 20. The rights of a citizen shall, be suspended:

1. By virtue of a warrant of arrest or declaration that there is cause for action.

2. By virtue of a sentence involving disfranchisement with respect to the exercise of political rights, during the term of the sentence.

3. By virtue of a sentence imposing a severer than “correctional” penalty, pending rehabilitation.

4. Owing to mental incapacity.

5. For being a fraudulent debtor.

6. For notoriously vicious conduct.

7. For ingratitude toward one’s parents or unrighteous abandonment of wife or minor legitimate children.

(A previous legal declaratory decree shall be necessary in case of the grounds set forth under 4, 5, 6, and 7.)

8. For acting in Nicaragua in the employ of foreign (not Central American) Nations without permission from the Legislature.

Art. 21. The right to vote is individual and can not be delegated.

Art. 22. Suffrage shall be direct and public. Elections shall be held at the time and in the manner prescribed by the law.

Title VIII.—Rights and Guaranties.

Art. 23. The inhabitants of the Republic, whether Nicaraguans or foreigners, shall be guaranteed individual safety, liberty, equality, and property rights.

Art. 24. The death penalty shall be inflicted solely for the crime of treason committed in a foreign war in the face of the enemy, and for the atrocious crimes of assassination, parricide, and incendiarism or robbery resulting in death and under grave circumstances specified by law.

Art. 25. The Constitution recognizes the right of habeas corpus. Consequently, every inhabitant of Nicaragua shall be entitled to demand the exhibition of a prisoner in person.

Art. 26. A warrant of arrest not issued by a competent authority or in accordance with the legal formalities shall be unlawful.

Art. 27. Detention pending inquiry into common law offenses shall not exceed 8 days, plus the time required to cover distance, for the purpose of placing the accused at the disposal of the proper judge.

Art. 28. A criminal caught in the act may be arrested by any person in order to be delivered up immediately to the authority having power to arrest.

Art. 29. A warrant of arrest shall not be issued unless there is ample evidence that a punishable act deserving a severer than “correction” penalty has been committed, and unless there is at least a strong suspicion as to who is the perpetrator.

Art. 30. Imprisonment or arrest as a penalty or coercive measure (to enforce judicial orders) shall be permissible in the cases and for the period prescribed by law.

Art. 31. No person shall be tried by special commissions or by other judges than those designated by the law prior to the commission of the deed giving rise to the action.

Art. 32. No public authority shall be permitted to remove to another tribunal causes pending before a competent authority, or to [re-] open proceedings which have terminated.

In criminal matters an appeal may be allowed for revision of finished cases in which severer than correctional penalties have been inflicted. The law shall regulate the exercise of this right.

Art. 33. In criminal matters the placing of a person under oath in regard to his own deeds shall be prohibited.

Art. 34. No person may be deprived of the right of defense. Trials shall always be public.

Art. 35. The infliction of perpetual or infamous punishments, whipping, and all kinds of torture are prohibited.

Art. 36. Persons under arrest or imprisoned shall not be deprived of the right of communication except by virtue of another written order from the proper authority, and then for a period not to exceed three days and only for grave crimes.

Art. 37. Nobody shall be kept prisoner or detained in any other place than the public ones intended for the purpose, unless the law so permits and the guilty or detained party expressly consents thereto.

Art. 38. The dwelling of every person shall constitute a safe and inviolable asylum, to be entered only by the authorities in the following cases:

1. In the actual pursuit of a criminal or in order to take out a criminal caught in the act.

2. On demand from inside the house, because a crime is committed therein, or because of scandalous disorder requiring prompt remedy.

3. In case of conflagrations, earthquakes, floods, epidemics, or analogous events.

4. In order to take out things sought in a trial, there being at least fairly ample evidence of the existence of such things (in the house), or in order to execute a legally issued order (of the court).

5. In order to liberate a person who is being unlawfully “sequestered.”

6. In order to apprehend a criminal against whom a warrant for arrest or imprisonment for a crime has been issued, there being at least fairly ample evidence that he is hiding in the house to be entered.

In the last three cases the entrance shall not be made without a written order from a competent authority.

Art. 39. When the house to be entered is not the residence of the criminal being pursued, the permission of the owner or occupant shall first be requested.

Art. 40. In cases in which a written order from the authority is required, houses shall not be entered between 7 p.m. and 6 a.m. without the consent of the owner or occupant.

Art. 41. Epistolary correspondence shall be inviolable. That which is purloined from post offices or any other place shall not be admissible as evidence against any one.

Art. 42. Private papers may be seized only by virtue of an order from a competent judge, in the criminal or civil cases determined by the law, and they shall be examined in the presence of the owner, or, in his absence, of two witnesses, those which do not relate to the matter under investigation being returned.

Art. 43. No one shall be molested or persecuted on account of his opinions. Private acts which do not disturb public order, are not contrary to morals, and do not cause injury to third parties shall always be beyond the pale of the law.

Art. 44. All persons shall be allowed to communicate their thoughts freely by word of mouth or in writing without previous censorship, being liable according to law for any abuse of this freedom.

Art. 45. The enactment of proscriptive, confiscatory, or retroactive laws, or of laws imposing infamous punishment shall be prohibited.

Art. 46. The right to reclaim confiscated property shall be imprescriptible.

Art. 47. Imprisonment for debt shall be prohibited.

Art. 48. The freedom of unarmed assemblage and of association for any lawful purpose is guaranteed.

Art. 49. Entails are prohibited.

Art. 50. Every person shall have a right to address petitions to the legally constituted authority, and to have them decided upon and be informed of the decision reached in regard to them.

Art. 51. Every person shall have a right to enter and leave the Republic and to remain in and pass through its territory, in strict obedience to the laws.

Art. 52. Every service which ought not to be rendered without compensation according to law shall be fairly remunerated.

Art. 53. The law does not recognize personal privileges.

Art. 54. Every legally capacitated person shall be free to dispose of his property under any legal title, but in no case shall entails be established.

In testamentary successions there shall be compulsory assignments only in behalf of the descendants, ascendants, and consorts, with the preferences and limitations prescribed by law.

Art. 55. Congress, alone may authorize loans and levy direct or indirect taxes, and all authorities are prohibited from negotiating the former or levying the latter without its permission, save the exceptions provided in the Constitution.

Art. 56. Direct taxes shall be levied proportionately.

Art. 57. No one shall be deprived of his property except by virtue of a judgment rendered by a competent authority, or by reason of public utility. The condemnation in the latter case must be specifically prescribed by the law or by a judgment based on the latter, and shall not be carried out without previous indemnity.

In case of domestic or foreign war it is not necessary for the indemnity to be previous.

Art. 58. No person enjoying the free right of administration of his property shall be deprived of the right to terminate his civil lawsuits by compromise or arbitraton.

Art. 59. Every author, inventor, or owner of a trade-mark shall enjoy the exclusive ownership of his work, discovery, or mark in the manner and during the time prescribed by law.

Art. 60. No severer than correctional penalty shall be inflicted for common law crimes without a verdict first being rendered by a jury as to the guilt of the accused party.

Art. 61. Monopolies in the interest of private individuals shall be prohibited.

Art. 62. The declaration of a state of siege may temporarily suspend the guaranties mentioned, except:

1. That establishing the inviolability of human life, with its exceptions.

2. That prohibiting trial by judges not designated by the law.

3. That prohibiting the infliction of infamous or perpetual punishments, whipping, and any kind of torture.

4. That prohibiting the enactment of retroactive or confiscatory laws.

5. Those embodied in Arts. 55 and 56.

6. The legal immunities of officials.

Art. 63. The laws regulating the exercise of the (right to enjoy the) constitutional guaranties shall be void insofar as they may diminish, restrict, or impair them.

Art. 64. An official who unauthorizedly restricts any of the guaranties contained in this Title shall be liable to damages commensurate with the injury caused, without prejudice to other legal liabilities.

Title IX.—Legislative Branch.

Art. 65. The legislative power shall be vested in a Congress composed of two Houses—the Senate and the House of Representatives.

Art. 66. Congress shall convene at the capital of the Republic on December 15 of each year without the necessity of a call. It shall hold 45 regular sessions, subject to extension to 15 more.

Art. 67. It shall also hold extra sessions when convoked by the Executive, and in this event it shall deal only with matters submitted to it by the latter.

Art. 68. Congress may also convene and continue its sessions in any other town of the Republic without a call by the Executive, but in no case shall the legal quorum be supplied by uninstalled substitutes.

Art. 69. The election of Representatives shall be by popular suffrage, direct and public. The “departments” of the Republic shall be divided for this purpose into as many electoral districts as they contain multiples of 15,000 inhabitants, a district being added for fractions over 8,000. Each district shall elect one regular and one substitute representative.

The Regions of Cape Gracias a. Dios and San Juan del Norte shall each (?) be considered as an electoral district.

Art. 70. Each “department” shall be entitled to elect one regular and one substitute Senator for every two Representatives. If the number of Representatives is an odd one, another regular and substitute Senator shall be elected.

Art. 71. The law shall make the necessary demarcations for the elections.

Art. 72. Five days before the dates set for Congress to convene, the Senators and Representatives shall meet and hold their respective preliminary conferences; and in the presence of at least five members of each House they shall draw up Rules and take the necessary measures for bringing their members together and solemnly convening Congress.

Art. 73. One-half plus one of the Seators and Representatives shall be sufficient in each House in order to legally convene.

Art. 74. The Representatives shall serve four years in their office, one-half being renewed every two years.

Art. 75. The term of office of the Senators shall be six years, one-third being renewed every two years.

Art. 76. In order to be a Representative it shall be necessary to be a citizen in the exercise of one’s rights, belong to the laity, and have reached the age of 25 years.

Art. 77. In order to be a Senator it shall be necessary to be a citizen in the exercise of one’s rights, belong to the laity, and have reached the age of 40 years.

Art. 78. The following shall not be eligible as members of the Legislative Branch:

1. Persons who have held office by appointment of the Executive within two months preceding the election.

2. The magistrates of courts, of justice and the officials under them.

3. Relatives of the President of the Republic, within the second degree of consanguinity or affinity.

4. Persons who, having, administered or collected public funds, are not yet solvent in this regard.

Art. 79. Senators and Representatives” shall enjoy the following prerogatives from the date of their election:

1. Personal immunity from indictment or trial for official or common; law crimes, unless Congress first declare them subject to prosecution.

2. They shall not be subject to civil suit from thirty days before the opening of the regular session of Congress, or from the date of a decree calling, an extra session, to fifteen days after the termination of either.

If the suits or actions are already pending the proceedings shall be suspended during the sessions.

3. They shall not be called into military service without their consent.

4. They shall not be banished from the Republic, confined, or deprived of their liberty on any ground, even, during a state of siege, unless. Congress declares them amenable to prosecution.

Art. 80. Members of Congress may accept offices from the Executive during recess, but during sessions: they may only accept the offices: of Head of Department, Diplomatic Officer, or Professor. In either case they shall forfeit their capacity as Representative by the acceptance of any office except the last two mentioned.

Art. 81. The Executive shall give an account to the House of Congress, when convened, of all appointments he has made in order that they may supply the vacancies produced. During a recess of Congress it shall be the duty of the Executive to have the vacancies filled.

Art. 82. The Houses shall open and close their sessions at the same time, and neither of them shall suspend or extend them for more than, three days without the concurrence of the other.

Title X.—Rights Common to the Houses.

Art. 83. Each House shall have a right, without the interference of the other:

1. To regulate the order of its sessions and everything relating to its internal rules.

2. To pass upon the election and credentials of its members.

3. To compel their attendance.

4. To accept by a two-thirds vote the resignations of its members founded on duly verified legal grounds.

5. To order reelections In case of missing, deceased, resigning, or incapacitated members.

6. To ask the Executive for a statement of the receipts and expenditures on all or any of the accounts, as well as for reports, on any branch of the administration.

7. To Invite the other House to a joint conference.

Title XI.—Rights and Duties of Congress when Convened in Joint Session.

Art. 84. It shall be the duty of Congress:

1. To regulate the order of its sessions.

2. To regulate the votes and judge and declare the election of President and Vice President of the Republic, and to elect these officers in the cases provided by the Constitution.

The President shall be that duly qualified citizen who receives the majority of votes of all qualified voters. If no person receives such a majority, Congress shall elect the President between, the two persons who have received the largest number of votes, even though this number should be equal in case of both. The same rule shall be observed in electing a Vice President. Ties occurring in the popular election; or in that made by Congress, shall be settled by lot whenever this measure is necessary in order to apply the rules of the present article.

3. To select each year two emergency candidates to act in their order as President of the Republic when there is an absolute or temporary lack of a President and Vice President.

The persons: selected as emergency candidates must be; members of the National Legislature who fulfill the requirements for feeing President of the; Republic.

4. To select the judges of the supreme court and court of appeals.

5. To act on resignations of the President and Vice President of the Republic and of judges of courts.

6. To declare, by a two-thirds vote, when it is proper to institute proceedings against the President, Vice President, Senators, Representatives, Judges, heads of Departments, and Diplomatic Officers of the Republic.

7. To extend for the Executive the period within which laws and other provisions are to be published.

8. To administer the constitutional oath to officials whom it selects or declares elected.

9. To declare the preference when the same person is elected as a member of different branches of the Government, in the following order:

1. President of the Republic.

2. Vice President of the Republic.

3. Senator.

4. Representative.

Title XII.—Rights and Duties of Congress When Convened in Separate Session.

Art. 85. It shall be the duty of Congress when convened in separate session:

1. To enact, construe, revise, and repeal laws.

2. To create and abolish offices, establish pensions, confer honors, and grant amnesties.

3. To take all suitable measures for the safety and defense of the Republic.

4. To change the place of residence of the supreme governmental authorities.

5. To award prizes and grant temporary privileges to authors or inventors of things of general utility, and to persons who have introduced new or improved existing industries.

6. To grant subsidies or premiums on objects of public utility which contribute toward establishing new industries or promoting agriculture.

7. To approve or disapprove the conduct of the Executive.

8. To approve, amend or abrogate treaties concluded with foreign nations.

9. To regulate maritime and land commerce.

10. To approve or disapprove the accounts of public expenditures.

11. To fix the estimates each year.

12. To determine the duties of the officials of the Republic, and designate the territorial jurisdiction within which they are to act.

13. To levy taxes.

14. To order the alienation or lease of national property and the devotion thereof to public uses, or to authorize the Executive to do so on conditions suitable to the Republic. The public revenues or taxes shall not be alienated or leased out.

15. To authorize loans and regulate the payment of the national debt, or determine the conditions on which the Executive shall do so.

16. To open ports; create, transfer, or abolish customhouses; or lay down rules in accordance with which the Executive may do so.

17. To fix the weight, standard, value, type, and denominations of the national money and regulate the system of weights and measures.

18. To declare war and make peace or authorize the President for this purpose.

19. To fix the strength of the land and naval forces at each regular session.

20. To permit or refuse to permit the troops of another country to cross through the territory of the Republic, and to authorize the departure of national troops from Nicaragua. During a state of war the Executive shall have these powers.

21. To declare martial law (“state of siege”) and even to suspend the constitutional order of things throughout the Republic or in a part thereof, when public peace is threatened or in case of foreign aggression. Such a declaration or suspension shall last sixty days at most, according to circumstances, a new declaration by Congress being necessary in order to prolong it.

22. To confer the grades of General of Brigade and Division.

23. To grant pardons or commutations of sentences, at the instance of the Executive, after receiving a report from the Supreme Court.

24. To grant premiums or rewards for eminent services.

25. To approve or disapprove contracts concluded by the Executive with individuals or companies regarding loans, colonization, navigation, and other works of general utility, provided they are permitted by the constitution and involve temporary privileges or affect the property of the Nation, or when money not appropriated in the estimates is availed of therein.

26. To permit the establishment of pawnshops and banks of issue.

27. To determine the coat of arms and flag of the Republic.

28. To grant or refuse permission to Nicaraguans to accept offices in foreign countries when the duties thereof are to be discharged in Nicaragua.

Art. 86. The Legislative Branch can not supply or declare the civil status of persons, or confer academic or literary degrees.

Art. 87. The powers of the Legislative Branch cannot be delegated, except the authority to legislate in the departments of Fomento, Police, Charity, and Public Instruction, which may be delegated to the Executive during a recess of Congress; and the powers relating to the administration of the constitutional oath to officials whom it elects or declares elected.

Art. 88. In the measures and laws enacted by Congress the following phraseology shall be used: “The Senate and House of Representatives of the Republic of Nicaragua decree, resolve, and declare: (here follows that which is decreed or resolved). Given in the Session Hall of Congress (when in joint session) or of the Chamber in which the measure originated (when in separate session), place and date.” Then follow the signatures of the President (Speaker) and Secretaries of the Congress or Chamber, as the case may be. Upon the measure being approved in the other Chamber, the latter shall say: “To the Executive, Senate or House of Representatives” (as the case may be), setting down the proper place and date and the signatures of the Presiding officer and Secretaries concerned.

Art. 89. All measures of the Legislature shall be enacted in the form of a law or resolution.

Art. 90. Any bill or resolution may originate in either Chamber, only measures relating to taxes being reserved to the House.

Art. 91. Only Representatives and Senators in their respective Chambers, Secretaries of Departments on behalf of the Executive, and the Supreme Court, in matters pertaining to their branch, shall have a right to recommend such bills, resolutions, or declarations as they deem suitable.

Art. 92. When a bill is passed in one Chamber it shall go as an original measure to the other, which shall take it into consideration and may pass it or not, or revise it. In the latter case the bill shall be regarded as originating in the Chamber that revises it.

Art. 93. No bill shall be finally passed until subjected to two deliberations on different days, except in case of urgency as determined by a two-thirds vote taken after a single discussion.

Art. 94. Every bill, upon being passed by Congress in separate session, shall be transmitted to the Executive within three days at the latest after passage, in order that he may give it his sanction and have it promulgated as a law within ten days.

Art. 95. If the President, with the advice and consent of his Cabinet, should find objections to sanctioning the bill, he shall return it to Congress within five days, setting forth the grounds on which he bases his dissent. If he does not object to it within the period mentioned, it shall be considered as being sanctioned, and shall be published as a law. When the Executive returns the bill, Congress shall subject it to a further deliberation in joint session, and if it should be ratified by a two-thirds vote, it shall be retransmitted to the Executive accompanied by the words “Ratified constitutionally”, whereupon the Executive shall have it published without delay.

Art. 96. When Congress passes a bill during the last five days of its session and the Executive deems it inexpedient to sanction it, he shall immediately give notice to Congress in order that it may remain in session for ten days from the date on which the autograph was transmitted to it; if he fails to do this, the law shall be considered sanctioned.

Art. 97. When a bill has been rejected it can not be brought forward again until the next Legislature.

Art. 98. The sanction of the Executive shall not be necessary to the following decrees and resolutions:

1. In elections made or declared by Congress, and in resignations accepted or declined.

2. In regulations issued by Congress or the Chambers for their internal government.

3. In resolutions for convening, for transferring its seat elsewhere, and for suspending or extending its sessions.

4. In the law on the estimates.

5. In decrees relating to the conduct of the Executive.

6. In articles of impeachment (declarations that there is ground for instituting proceedings.)

Art. 99. Whenever the purpose of a bill not originating in the Supreme Court is to revise or repeal provisions of the Civil or Criminal Code, Code of Commerce, Mining Code, or Code of Procedure, it shall not be discussed without hearing the opinion of said Court, which shall give its opinion either during the same session or that of the next year, according to the extent, importance, or urgency of the bill.

Art. 100. The wording to be used in publishing laws shall be as follows: “The President of the Republic to the inhabitants of the latter, know ye that the Congress has ordained as follows (Here the text and signature) Therefore let it be enforced.”

Title XIII.—Executive Branch.

Art. 101. The office of Chief Executive shall be held by a citizen called President of the Republic, in his absence by the Vice President, and failing the latter by one of the emergency candidates according to their order.

Art. 102. The President of the Republic, the Vice President, and the emergency candidates must be citizens in the exercise of their rights, have reached the age of 30 years, belong to the laity, and be natives of Nicaragua.

Art. 103. The election of President and Vice President of the Republic shall be by popular vote, direct and public.

Art. 104. The term of office of the President and Vice President shall be four years, beginning on January 1. No citizen who holds the office of President, either as the duly elected incumbent or accidentally, shall be eligible to the office of President or Vice President for the next term.

Art. 105. No person shall be elected President or Vice President who is related by blood or marriage in a direct line, or up to the fourth degree inclusive in a collateral line, with the President of the Republic or with the person holding the office of President during the last six months prior to the election.

Art. 106. In case of the absolute or temporary lack of a President of the Republic, the office of Chief Executive shall devolve on the Vice President, and in default of the latter, in one of the emergency candidates in the order of their election. In the latter case, if the Congress is in session, it shall be its duty to authorize the entrustment of the office to the Representative whom it may designate, who must fulfill the requirements for President of the Republic.

Art. 107. Until the person designated by law receive; the office of President, it shall be discharged by the Secretary of the Interior, who shall give up possession to the new official if Congress is not in session.

Art. 108. The President shall not leave the country during the term of his office without permission from Congress, nor shall he do so at the end of his term if there are proceedings pending against him for official or common law offenses.

Title XIV.—Duties and Powers of the Executive.

Art. 109. The President of the Republic is the Chief Magistrate of the Nation and Commander in Chief of the land and naval forces. He has Charge of the general administration of the country, which he shall carry on through Secretaries of Department and their Assistant Secretaries.

Art. 110. The law shall determine the number of Secretaries of Departments and the distribution of duties among them.

Art. 111. The duties of the Executive shall be as follows:

1. To defend the independence and honor of the Nation and the integrity of its territory.

2. To enforce and have enforced the Constitution and laws, issuing the necessary decrees and orders for the purpose, without altering the spirit of the former.

3. To appoint Secretaries and Assistant Secretaries of Departments and other Executive officers.

4. To preserve the domestic peace and security of the Republic and repel all attacks and aggressions from abroad.

5. To afford the members of the Judiciary such aid and power as they may need in order to carry out his orders.

6. To remove officials freely appointed by him.

7. To recommend to Congress, when required by the public welfare, amnesties, pardons, or commutations of sentences of criminals, and to grant amnesties during recesses of Congress.

8. To call extra sessions of Congress when the interests of the Nation require.

9. To present to the Legislature, through the Secretaries of the several Departments and within fifteen days from the date on which it convenes, a detailed report on the administrative branches, and itemized account of the proceeds and expenditure of the revenues, and the estimates of expenditures for the following year, pointing out improvements of which the legislation may be susceptible.

10. To conclude treaties and any other diplomatic negotiations, submitting them to Congress for its ratification.

11. To direct foreign relations, appoint consuls and diplomatic officers or ministers of the Republic, and admit and receive those appointed by foreign nations.

12. To cause the revenues of the Republic to be collected and expended in accordance with the law.

13. To confer military grades in time of peace up to Colonel inclusive, and the higher grades up to General of Division in the field; and recommend to Congress the conferring of these latter grades in time of peace.

14. To assemble the military forces, land and naval, organize them, and distribute them in accordance with the law and the needs of the Republic.

15. To grant privateering licenses and letters of reprisal.

16. To declare martial law and even suspend the constitutional order of things, during recesses of Congress, in the cases and under the conditions provided in Art. 85, No. 21.

17. To grant naturalization papers.

18. To direct and encourage public instruction, to diffuse popular education, and exercise supreme supervision over private institutions of learning.

19. To sanction laws, use the veto power in appropriate cases, and promulgate without delay all legislative measures which do not require the Executive sanction.

20. To order vacancies of Senators and Representatives filled during recesses of Congress within one month at the latest from the time they occur.

21. To publish monthly statements of the receipts and expenditures of the public revenues.

22. To watch over the legal exactness of money and to decide as may be proper regarding the admission of foreign money into circulation. To see to the uniformity of weights and measures, and in general to exercise supreme police supervision.

23. To attend to the internal security and external defense of the country.

24. To conclude contracts for the purpose of supplying the needs of administration and to submit to the ratification of Congress those which relate to loans, colonization, navigation, and other works of utility, as well as those which involve temporary privileges or affect national property, or when money not appropriated in the estimates is availed of therein.

25. To declare war with the authorization of Congress, and make peace when the convenience of the Nation requires.

26. To direct the operations of war as Commander in Chief of the National Army and Navy. When he wishes to place himself at the head of the Army, he shall commit the office of President to the person who is to take his place in accordance with the Constitution and he shall remain invested solely with the character-of Commander in Chief and with the powers of Commanding Genera!.

27. To see that Congress convene on the date set by the Constitution, taking the necessary measures for the purpose in due time.

28. To grant patents and copyrights in order to guarantee for a certain period literary property and inventions applicable to new industries or to the improvement of those already existing.

29. To designate, during recess of Congress, the place where the Government authorities shall transfer their seat when grave grounds arise for taking this step.

30. To raise the necessary force in order to repel any invasion or quell rebellions, and in these cases to levy taxes or negotiate loans and give an account to Congress at its next session.

31. To control the land and naval forces for the defense and security of the Republic, in order to maintain order and tranquillity therein, and for any other purpose demanded by the public service.

32. To rehabilitate, in accordance with the law, those citizens who have been suspended in the exercise of their rights.

33. To take the necessary measures in order that the elections may be held at the time prescribed by law, and in order that the rules provided by the law may be observed.

34. To close or open ports during recesses of Congress.

35. To adopt regulations governing his duties and powers.

36. To adopt measures for taking the census of the population and other branches of the national statistics.

37. To establish special rules for the temporary government of regions which are uninhabited or inhabited by uncivilized aborigines.

38. To determine the rules to which the occupation or alienation of vacant public lands shall be subject, and to devote these lands to colonization and useful enterprises.

39. To suspend the execution of the death penalty whenever requested to take the initiative in commuting a sentence, being obliged to give an account to the next session of Congress.

Art. 112. When public tranquillity is threatened, the Executive may issue warrants of arrest against persons presumed to be guilty, and examine them, placing them at the disposal of a competent judge within ten days; however, if it is necessary in the opinion of the Executive to confine in the interior or expel from the Republic any persons suspected of conspiracy or treason, he shall decide on the proper steps to be taken at a Cabinet meeting and with the votes of two regular (not substitute) Senators. If public order is disturbed, the concurrence of the Senators shall not be necessary.

Art. 113. The President and his ministers, and Senators, as the case may be, shall be responsible for measures adopted by them against the Constitution and the laws. In civil matters the responsibility shall be joint.

Title XV.—Heads of Departments.

Art. 114. The Heads of Departments must be citizens in the exercise of their rights, natives of Nicaragua, laymen, and 25 years old.

All decrees, resolutions, and orders of the President must be authorized by the heads of the departments within their respective spheres.

Art. 115. The following persons shall be barred from holding the position of head of a department:

1. Contractors for work or public services on account of the Nation.

2. Persons who, as a result of their contracts, have claims in their own interests against the Public Treasury.

3. Debtors to the Public Treasury.

4. Persons administering public funds, until their accounts are finally settled.

5. Relatives of the President within the second degree of consanguinity or affinity.

Art. 116. Heads of departments may attend, without voting, the deliberations of the Legislature, and they shall be obliged to attend whenever called upon, and answer any inquiry made of them by any Representative (or Senator) in regard to the affairs under their administration, except those relating to war and foreign affairs, when secrecy is deemed necessary, unless the Chamber decides to the contrary.

Title XVI.—The Judiciary.

Art. 117, There shall be three Courts of Appeals, one situated in the city of Granada, another at Léon, and the third at Bluefields. The first two shall be composed of six regular judges, three for each of the two sections—civil and criminal; the Bluefields court shall have three regular and two substitute judges. The inferior judge shall be determined by statute.

The Justices of the Supreme Court and of the Court of Appeals shall be appointed by Congress in joint session, the term of office of the former lasting six and of the latter four years.

Congress may create other courts of appeals.

Art. 118. The Justices must be citizens in the exercise of their rights, belong to the laity, and be lawyers and have reached the age of 30 years.

Art. 119. Persons connected by blood relationship within the fourth degree or by marriage within the second shall be barred from serving as justices or judges in the same court.

If two or more persons related within these degrees are appointed, the person receiving the largest number of votes shall be preferred, and in case of a tie, the person who has longest been a lawyer.

The appointment of the others shall be made over again.

Art. 120. The law shall regulate the organization of the judiciary and the administration of justice.

Art. 121. The rights to judge and carry out judgments belong to the (higher and lower) courts.

Art. 122. The courts and judges of the Republic shall preferably apply:

1. The Constitution and constituent laws.

2. The laws and legislative decrees; and

3. Executive decrees and resolutions.

In no case shall they heed any provisions or revisions made by virtue of a dispatch (official communication).

Art. 123. The Supreme Court shall moreover exercise the following powers:

1. Adopting its internal rules.

2. Take original cognizance of official and common law offenses of high officers whom Congress has impeached.

3. To authorize lawyers, scriveners, and notaries who have been received within or outside the Republic to carry on their business, and to suspend and reinstate them according to law.

4. To take cognizance of appeals against decisions of the Court of Accounts.

5. To take cognizance of appeals for review and protection (amparo) in the cases indicated by law.

6. To try maritime prize cases and other matters referred to it by law.

7. To appoint inferior judges, legal physicians, and registrars of property, in accordance with the law.

8. To accept resignations of employees appointed by it and even to remove them before the expiration of their terms of office, with or without statement of grounds, it being necessary in the latter case that the resolution be adopted unanimously.

9. To decide protests made against ordinances issued by municipalities and other local administrative bodies, when contrary to the Constitution and the laws.

Art. 124. Any person injured in his rights by the application of a law in a particular case may challenge the constitutionality thereof directly before the Supreme Court, provided the law relates to matters not triable before the (ordinary) courts.

Art. 125. The administration of justice in the Republic shall be without charge.

Art. 126. Members of courts shall not hold any office filled by popular election or conferring additional jurisdiction.

Art. 127. The courts may demand the aid of the armed forces for the execution of their decisions, and if the armed forces are refused them or are unavailable, they may demand such aid from the citizens. Any official or citizen who refuses to give aid shall render himself liable.

Art. 128. In no case shall there be more than three trials and the same judges shall not officiate in more than one thereof.

Art. 129. In civil matters a jury may be called upon to pass on the facts, when so requested by the parties, and in this case the judge shall merely apply the law.

Art. 130. The magistrates of courts of justice shall enjoy the same immunities and prerogatives as representatives in Congress, except the exemption from civil suits.

Art. 131. The Justices of the Supreme Court may, with a voice but not with a vote, attend the deliberations of either of the Legislative Chambers or of both in joint session whenever they relates to matters originating in or recommended by said Court, or to those dealt with in Art. 99.

Table XVII.—The Estimates.

Art. 132. The estimates shall be passed by Congress in view of the recommendations of the Executive and Judiciary within their respective spheres.

Art. 133. The draft of the estimates shall be presented by the Secretary of the Treasury fifteen days at the latest after Congress convenes.

Art. 134. All expenditures made outside the estimates shall be unlawful, and the official ordering payment and the employee making the payment shall be jointly responsible for the amount expended, without prejudice to whatever penalties may be incurred according to law.

Art. 135. The treasure of the Nation shall comprise:

1. All its real and personal property.

2. All its outstanding credits.

3. All duties, imposts, and taxes paid into the treasury by the inhabitants of the Republic.

Art. 136. For the administration of the public revenues there shall be a General Collection and Disbursement Office, as well as such other offices as may be necessary.

Art. 137. In order to hold the office of Treasurer General it shall be necessary to be thirty years old, a citizen in the exercise of one’s rights, of notably good conduct, and not to be a creditor or debtor of the Public Treasury or have accounts pending therewith.

Art. 138. For the purpose of exercising supervision over the National Treasury, there shall be a Court of Accounts (Auditor’s Office) to which shall be committed the examination and final settlement of all accounts kept by officers administering public interests.

The members of this court must fulfill the same requirements as the Treasurer General, but all employees except the President may be as young as 25 years. Their number, organization, and powers shall be determined by law, their appointment, as well as that of Treasurer General, being in the hands of the Chief Executive.

Art. 139. No public authority, official, or corporation shall be permitted to conclude contracts in which national property or funds or those of local juntas are involved for any purpose, without previously receiving bids and publishing the offers made. Cases are excepted in which, owing to the nature of the contracts, the latter must be concluded with certain individuals, or in which, owing to the small amount involved, it is not necessary to call for bids. The law shall provide regulations for this matter.

Title XVIII.—The Army.

Art. 140. The public forces are established for the sake of insuring the rights of the Nation, enforcing the law, and maintaining public order.

Art. 141. The discipline of the army shall be regulated by military laws and orders. No armed body shall be allowed to deliberate or to exercise the right of petition.

Soldiers in actual service shall not be permitted to hold offices filled by popular election.

Art. 142. Military service shall be compulsory, but in time of peace this duty may be discharged through a substitute. Every male Nicaraguan from 18 to 45 years of age is a soldier of the army. The law shall provide for the proper organization and specify grounds for exemption from service.

Ministers of the gospel of any denomination shall render service in the army only as chaplains and in the ambulance service.

Art. 143. There shall be no fuero atractivo and military persons in actual service shall be subject to military jurisdiction for purely military offenses.

Title XIX.—Departmental (Provincial) Government.

Art. 144. For purposes of civil administration, the territory of the Republic shall be divided into “departments” (provinces), and there may be districts (comarcas), the number and boundaries of which shall be determined by law.

Title XX.—Municipal Government.

Art. 145. The local government of towns shall be in Chargé of Municipalities (Municipal Governments), the officers of which shall be elected by popular, public, and direct vote of the citizens of the respective towns in accordance with the law.

Art. 146. The number of officers of Municipal Governments shall be determined by law, taking into account the number of inhabitants of each town.

Art. 147. The powers of Municipal Governments shall be purely economic and administrative. They shall be determined by law, as shall also the requirements laid down in order to be a member thereof.

Art. 148. Municipal Governments may freely levy local taxes in accordance with the Constitution and general laws, submitting them to the approval of the Executive when they affect solely the interests of the town concerned or of the province to which it belongs, and to the Legislature when they impose burdens on one or more other provinces, even though indirectly.

Art. 149. Municipal Governments shall administer the funds of the community for the benefit of the latter, rendering an account to the superior authority established by the law; and they shall publish annually a detailed report, on the receipts and expenditures of their funds.

Art. 150. In the discharge of their exclusive duties they shall be independent of the other authorities, but they must not in any case violate the general laws of the country, and they shall be responsible collectively and individually before the courts for any abuses they may commit.

Art. 151. Municipalities shall elect their own officers, and they may also appoint local police officers for purposes of order, security, hygiene, convenience, embellishment, and recreation; and they may enact regulations on these subjects in accordance with the general laws.

Art. 152. The officers of Municipal Governments shall not be obliged to discharge any other duties, not even military service, in time of war.

Art. 153. Municipal resolutions having the character of local laws shall be submitted to the approval of the Executive.

Title XXI.—Responsibility of Public Officials.

Art. 154. Every public official shall, upon assuming office, take an oath to carry out and cause to be carried out the Constitution and laws, and he shall be responsible for his acts.

Art. 155. The President of the Republic, Senators, Representatives, Magistrates of Courts of Justice, Secretaries and Assistant Secretaries of Departments, and Diplomatic Ministers and Officers shall be responsible before Congress for any common law crimes they may commit and for such official offenses as they may commit during tile discharge of their duties, for purposes of impeachment and placing the guilty parties at the disposal of the proper court.

Art. 156. Once a judgment has been pronounced declaring an officer guilty of an official offense, he can not be granted pardon.

Art. 157. Notwithstanding approval by Congress of the conduct of the Executive Branch, the President and the Heads of Departments may be indicted for official effenses up to five years after quitting their offices.

Art. 158. When a public official still in office is impeached and acquitted, he shall, resume the discharge of his duties.

Title XXII.—Constituent (“Constitutive”) Laws.

Art. 159. The following laws are “constitutive”: the law on the press, martial law, and the law of amparo.

Title XXIII.—Revision of Constitution and Constitutive Laws.

Art. 160. When a partial revision of the Constitution or constitutive laws is deemed appropriate, this may be done by observing the following rules:

1. The project shall be presented by two or more members of the Houses and read twice with an interval of 4 days.

2. Upon being taken up for debate, it shall be turned over to a committee which shall present its opinion within six days.

3. The opinion of the committee shall be read twice on different days.

4. When the revising law has been approved by a two-thirds vote in both Houses, it shall be published by the press.

5. The amendment will be without legal effect until it has received the approval of a two-thirds vote in the next Legislature, after a lapse of two years, and in accordance with usual procedure.

Art. 161. Amendments to the articles of the Constitution which prohibit the reelection of the then President of the Republic, shall not be effective during the period in which such amendments are made, nor in the following one.

Art. 162. Treaties or pacts referred to in the last part of Art. 2, shall be ratified by a two-thirds vote of each Chamber, such action being regarded as an amendment to the Constitution, notwithstanding the terms of this Title.

Art. 163. An absolute [Constitutional! reform shall not be made until after a lapse of 10 years; and for this purpose the regulations of Art. 160 shall be observed. A declaration to this effect having been made, a Constituent [sic] Assembly shall be convoked.

Art. 164. The ordinary Congress upon declaring that the Constitution should be entirely revised, shall close its sessions and become dissolved in so doing.

Title XIV.—General Provisions.

Art. 165. The present Constitution supersedes that of March 30, 1905, and the Guarantee Law of September 15, 1910; moreover it declares the Constitution signed on April 4 of this year by the previous Constituent Assembly to be null and void.

Art. 166. Until revised or repealed, other laws shall remain in force provided they are not contrary to the provisions of the Constitution.

Art. 167. The present Constitution shall go into force on March 1 of this next year 1912.

Title XXV.—Transitory Provisions.

Art. 168. Pending the convening of the first Constitutional Congress, elected in the manner and at the time authorized by the present Constituent Assembly, the latter shall continue to discharge its duties and those which belong to the ordinary Congress in accordance with the Constitution.

Art. 169. The renewal of Representative during the first biennal period shall be by lot, as shall also be that of Senators in the first and second biennal periods.

Art. 170. The decrees of the present Constituent Assembly in regard to appointments of President and Vice President of the Republic and of Justices of the Supreme Court shall remain in full force and vigor for the time which they respectively comprise.

Art. 171. The decrees of May 18, July 15, and October 14 last regarding creation, powers, and duties of the Mixed Commission shall likewise remain in full force notwithstanding the provisions of this Constitution. The present Constituent Assembly shall, without any restriction, enact such revisional and supplementary laws and provisions as may be conducive to the objects stated in said decrees.

Art. 172. As soon as the Constitution is promulgated, all government officials shall take oath in legal form to strictly and faithfully observe all its provisions.

Given in the Hall of Sessions of the National Constituent Assembly at Managua on November 10, 1911.

Ignacio Suárez, President [of the Assembly], Representative for the Department of Jinotega.

[and 39 others.]

Let it be published. Executive Mansion, Managua, December 21, 1911. Adolfo Díaz.

• Salv. Buitrago Díaz,
  Ministro de la Gobernación, Justicia, etc.
• Pedro Raf. Cuadra,
  Ministro de Hacienda y Crédito Público.
• Diego M. Chamorro,
  Ministro de Relaciones Exteriores, etc.
• Luis Mena,
  Ministro de la Guerra y Marina.
• A. Cantón,
  Ministro de Fomento y Obras Públicas.

1. Meaning the decree above printed, the inclosure in Mr. Gunther’s despatch.
1. Meaning the decree above printed, the inclosure in Mr. Gunther’s despatch.