CHAPTER V

THE NATIONAL CONSTITUTION

The Bolivian constitution is one of the most liberal in South America.

Out of the _Constitución Boliviano_, given by the great liberator

in the first days of the republic, has been evolved the code of the

government as it stands to-day, a credit to the democratic principles

of the nation and a monument to the good judgment of its leaders,

establishing the sovereign rule of the majority in the common interest

of the whole people. It is a reflection of the patriotic sentiments

and the clear judgment of those who framed it, and in adhering to

its principles the Bolivian nation need take no second place in the

political progress of the twentieth century.

[Illustration: SEÑOR DON ELIODORO VILLAZÓN, FIRST

VICE-PRESIDENT OF BOLIVIA.]

The present constitution was adopted October 28, 1880, under the

presidency of General Campero, and few amendments have been made since

its inauguration. By its terms the republic of Bolivia is constituted

a sovereign and independent nation, under a Unitarian, democratic

representative government. The exercise of its sovereign powers is

vested in the legislative, executive, and judiciary branches of the

government, each of which is independent of the others.

The legislative power is in the hands of a national Congress,

consisting of two chambers, the Camara de Diputados, or House of

Representatives, and the Camara de Senadores, or the Senate. The Camara

de Diputados is composed of seventy-two members, elected by direct vote

of the people for a term of four years, the _camara_ being renewed

by halves, every two years. To qualify for a deputy the citizen must

be twenty-five years of age and have an annual income of two hundred

bolivianos. The Camara de Senadores consists of sixteen members, two

for each department. The senators are also elected by a direct vote

of the people, the senatorial term being for six years, with a renewal

by thirds every two years. A senator must be thirty-five years of

age and have an annual income of four hundred bolivianos. Senators

and deputies may be reëlected indefinitely. Congress meets annually,

usually opening on the 6th of August, in the capital of the republic,

unless for sufficient reason it is convoked to meet elsewhere. The

regular session lasts sixty days, though it may be extended to ninety

days. Extraordinary sessions may be assembled by a concurrent vote

of the majority of both _camaras_, or by proclamation of the

executive, giving the place, time, and object of such session. The

first vice-president of the republic is also president of the Senate

and of Congress. The legislative power provides for the necessities of

the state, dictating its laws in accordance with the precepts of the

constitution.

[Illustration: HIS GRACE ARCHBISHOP PIFFERI OF LA PLATA,

SUCRE.]

The executive power is vested in the president and two vice-presidents

of the republic, whose authority is exercised through the secretaries

or members of the Cabinet. The president and vice-presidents are

elected every four years by direct vote of the people, and are

ineligible for the next succeeding term. In case that no candidate

obtains an absolute plurality of votes, Congress then chooses the three

who hold the highest majority, and by its vote decides the successful

candidate. The president directs the foreign policy, manages the public

interest, is commander-in-chief of the army, and patron of the official

Church. The vice-presidents are appointed to take charge of the

presidential duties successively in case of the resignation, absence,

or death of the president, the qualifications for first or second

vice-presidents being the same as for a senator, except that they must

necessarily be native born Bolivians. By appointment of the president,

six secretaries form a Cabinet of State to assist the chief executive

in the various departments of the administration; these ministers are

jointly responsible with the president for all administrative acts in

their respective offices, and the ministers are jointly responsible

for all acts performed in their Cabinet meetings. Decrees and orders

issued by the president must also bear the signature of the minister

or secretary of the respective departments, to be enforced. Cabinet

ministers may take part in the debates of either chamber of Congress,

but must leave the place before a vote is cast. Each minister is

required to send to Congress, at its opening session annually, a

complete report of the work done in his department during the year.

The judiciary power of the government is represented by a National

Supreme Court, Superior District Courts, Lower District Courts,

courts for the preparation of criminal cases, and parochial courts.

The Supreme Court resides in Sucre, the capital of the republic, and

consists of seven ministers of justice, appointed by the Chamber of

Deputies from a ternary list, submitted by the Senate. To be eligible

to the supreme bench, it is necessary to be a Bolivian by birth or

naturalization, to be not less than forty-five years of age, to have

resided permanently in the country for five years, to have been a

judge in a superior court of justice or district attorney for five

years, and to have been a practising lawyer in good standing for

ten years. According to the constitution, the duties of the Supreme

Court, in addition to those devolving upon it by virtue of the laws

of the nation, are, in general terms: To hear and determine on

appeals for the reversing of a sentence passed by the lower courts,

and to establish the chief points at issue; to hear and determine on

all questions of a purely legal nature, upon the decision of which

depends the constitutionality of a law, decree, or other resolution;

to hear and determine all cases concerning the responsibility of

diplomatic and consular agents, judges of the superior courts, district

attorneys, and other public officers for offences committed in the

discharge of their respective duties; to hear and determine on cases

arising from contracts, negotiations, and concessions granted by the

executive power, and on suits brought against the executive, arising

from executive action; to hear and determine on matters relating to

the national patronage exercised by the supreme government, and to

settle controversies between municipal councils, between these and the

political authorities, and between either of them and the provincial

municipal boards. Publicity of judicial proceedings is the essential

condition of the administration of justice, except in cases which might

offend against public morals.

The Ministerio Publico, or Fiscal, a judicial organization, is

established to protect the constitutional guarantees and to see to the

fulfilment of the laws. Its ministers, or _fiscales_, are agents

of the executive power, and in the tribunals represent the interests

of society. The administration of justice is gratuitous. The highest

authority of the _ministerio_, called a _fiscal general_,

is an official elected by the executive for a period of ten years

from a ternary proposed by the Camara de Diputados. He coöperates

with the Supreme Court in decisions relating to justice, and with

the executive in matters of administration. He is assisted in the

discharge of his duties by district _fiscales_, who have charge

of the duties of the Ministerio Publico in each department; their

relation with the Superior District Court is the same as that existing

between the _fiscal general_ and the Supreme Court. They supervise

the administration of the public treasury and form part of the Board

of Public Auction. The _fiscales de partido_ and _agentes

fiscales_ rank in inferior importance, exercising supervision in

matters under the jurisdiction of the lower district courts, the

prefectures, and the municipalities. There is also a _fiscal de

gobierno_, who advises in matters of public administration.

[Illustration: LEGISLATIVE PALACE, SUCRE.]

Under the constitution, the government of each of the eight departments

into which the state is divided is placed in the hands of a prefect,

who, by virtue of his office, is also a colonel in the army, and

directly responsible to the executive power. He is appointed by

the president of the republic, and is the immediate representative

or agent of the executive power, having under his jurisdiction all

public functionaries of whatever class and denomination within the

limit of his department; he is elected for a term of four years. The

president also appoints the sub-prefects, who govern the provinces;

the _corregidores_, or district authorities, and the _alcaldes

territoriales_, or petty justices of the smaller subdivisions,

are appointed by the prefect. The _alcaldes territoriales_ are

quite distinct in their official capacity from the chief municipal

authority, the mayor, who is also called _alcalde_. In addition

to the political administration of the departments, there is in

each department capital a Municipal Council, and in each provincial

capital and river port a Municipal Board, or junta. Municipal agents

are appointed annually by the respective juntas of the provinces,

with authority in the smaller subdivisions known as cantons. In the

more important departments the municipal councils consist of twelve

members, while in others there are nine. These corporations have

authority to make mutual agreements or contracts for the construction

and maintenance of roads and highways between two or more of their

respective departments, whenever such agreements affect the revenue or

moneys of the municipal treasuries of the departments interested.

Besides the divisions of the republic into departments, provinces,

and cantons, there are ecclesiastical divisions in conformity with

the terms of the national constitution, by which the chief executive

is the patron of the ecclesiastical government of the country. The

established church of Bolivia is, according to law, the Roman Catholic,

one of the clauses of the constitution reading: “The State recognizes

and supports the Roman Apostolic Catholic religion, the public exercise

of any other worship being prohibited, except in the Colonies, where

it is tolerated.” It is necessary to add that in the legislature of

1905 a bill was introduced declaring the necessity for changing the

last part of this clause to read: “the public exercise of all other

worships being permitted.” The passage of this bill places Bolivia in

the vanguard among the Spanish-American countries, so far as religious

freedom is concerned. The ecclesiastical divisions consist of one

archbishopric and three bishoprics. The archbishopric of La Plata

embraces the departments of Chuquisaca, Potosí, Oruro, and Tarija,

having the cathedral church at Sucre, and covering a territory of

nearly five hundred thousand square kilomètres, with a population

of about eight hundred thousand. It has authority over one hundred

and forty-six parishes, five monasteries, and three colleges for the

propagation of the Faith. The cathedral church was erected into an

episcopal see in 1552 and raised to an archbishopric in 1609. Five

bishops and twenty-eight archbishops have successively ruled the

diocese up to the present time. The archbishop is appointed by the

executive from a ternary list submitted by the Senate. The bishops

are appointed in the same way. The bishopric of La Paz, created in

1605 by Pope Paul V., contains one hundred and two parishes, three

convents, two monasteries, and a missionary college. The bishopric of

Cochabamba, erected by Pope Pius IX. in 1847, has sixty-nine parishes,

three monasteries, a convent, and a missionary college. The bishopric

of Santa Cruz, which includes the department of the Beni as well as

that of Santa Cruz, was also established in 1605, and has at present

seventy-three parishes and a missionary home. The missionary work of

the Church among the Indians of the remote districts, where Christian

teaching can only be done in this way, is in charge of missionary

colleges established for the _Propaganda Fide_, there being at

present about eighteen missions in the heart of the rubber forests

and in the remote wilds of the Chaco. Missionaries have gone to

Bolivia from time to time, representing Protestant church societies

of North America and England, but their chief work has been teaching

and proselyting. They have not relieved the Catholic Church of any

of its arduous labors among the indigenes. Just why missionaries

should be sent to the Spanish-Americans any more than to the Spaniards

is a little difficult to understand, though they have undoubtedly

rendered valuable services as school teachers, in spite of their being

handicapped with the ill-chosen title of “missionaries.”

The constitution confirms the adoption of the national emblems, and

the national anniversaries for the celebration of great events in the

history of the country. The Bolivian coat of arms very beautifully and

artistically symbolizes the resources of this rich country, and is

emblematic of the national aspirations. It is of elliptical form, the

band which marks the oval having on its lower half nine stars, and on

the upper half the word “Bolivia.” Within the oval is the figure of

the noble Cerro de Potosí, in coloring a faithful reproduction of that

wonderful mountain of metal, red, brown, purple, and grey in spots

where eager miners have burrowed into its sides; to the right of the

_cerro_ stands an alpaca, the denizen of its plateaux, and to the

left a sheaf of wheat and a breadfruit tree, to typify the wealth of

its valleys and forests. The rising sun, bright in the glory of its

beaming rays, is seen behind the _cerro_. On each side of the

oval are three national flags draped in graceful folds, a cannon, two

rifles; an Inca hatchet to the left and a liberty cap to the right

leave just space enough between, at the top of the shield, for the

great condor of the Andes, posing ready for flight, in the midst of

two wreaths of laurel and olive, the outside field being pearl blue.

The Cerro de Potosí symbolizes the mineral, the sheaf of wheat the

vegetable, and the alpaca the animal kingdom; the rising sun represents

the hopeful future of the country, the nine stars stand for the nine

departments into which the republic was divided, before the territorial

change made in 1905, the flags are emblematic of the national

patriotism, the rifles and cannon represent the arms of defence, the

laurel is for victory, and the olive for peace, the condor, to which

tradition attributes the faculty of seeing through infinite space

and from remote distances, is chosen because it bears a significant

relation to the dearest interests of the beloved country. The national

flag is tricolored, formed of three horizontal bands of red, gold, and

green, of equal width, placed with the red across the top, the gold

in the middle, and the green below. In the centre of the flag is the

national coat of arms, between two branches of laurel and olive. The

red of the flag symbolizes the animal kingdom; the gold the mineral;

and the green the vegetable. The national holidays are February 3d,

which is the birthday anniversary of General Sucre; July 24th, General

Bolivar’s birthday; August 6th, Independence Day; and December 9th,

the anniversary of the battle of Ayacucho, or the general independence

day of all Spanish South America. Upon these occasions the patriotism

of the people bursts forth in a flood of oratory, and the churches are

filled with the devout, who offer prayers for the prosperity of the

beloved _patria_.

[Illustration: SEÑOR DR. VALENTIN ABECIA, SECOND

VICE-PRESIDENT OF BOLIVIA.]

While the constitution represents a perfect system of legislative,

executive, and judicial government, its most remarkable feature is

shown in the equitable and liberal character of those clauses which

relate to the guarantee of individual rights and liberty. In conformity

with the best principles of freedom, slavery is abolished, all slaves

becoming free upon their arrival in Bolivian territory. Suffrage is

granted to all single male citizens who have reached twenty-one years

of age and to married men when they have attained the age of eighteen,

provided they are able to read and write, possess an income of two

hundred bolivianos, and that their names are inscribed in the civil

register. Personal security is protected, and torture or other corporal

punishment is absolutely forbidden under any and all circumstances.

The death penalty is abolished, except as a punishment for murder,

parricide, and treason. Arrest or imprisonment must be made in strict

accordance with the law, but in cases of _flagrante delicto_,

can be made without a warrant and by any person. Civil and criminal

law apply equally to all. Political offences cannot be punished by

confiscation of property. Political and civil rights are freely

granted, the freedom of the press and the right of peaceable assembly

are recognized, any lawful trade or profession may be pursued, and

it is permitted to teach under government supervision. The sanctity

of the home is inviolable, all property, private correspondence,

trademarks, and copyrights are protected, and private correspondence,

if violated, cannot be used as legal evidence. The public debt, and all

contracts and agreements entered into by the state, according to law,

are guaranteed. The right of transit throughout the republic is free,

except as restricted by international law.

[Illustration: CALLE DE RECREO, LA PAZ.]

As the constitution provides that “all men enjoy in Bolivia the same

civil rights, the exercise of which is regulated by civil law,”

the foreigner receives due consideration. If he wishes to become a

citizen, he may declare this intention before the municipal authorities

wherever his place of residence is located, after having been a

resident of the republic for one year, or he may obtain his certificate

of naturalization as a concession from the Chamber of Deputies. In

any case he enjoys the immunities granted by the law to sons of the

country; he may freely manifest his political and religious ideas

without molestation; he pays the same taxes as the native Bolivian, and

is not obliged to serve in the army. As a citizen he may be appointed

a deputy, senator, minister of state, minister of justice, prefect,

general or captain in the army. The foreigner may make his home in any

part of the republic that offers an inducement to enterprise, feeling

that there is no danger of molestation, unless he choose to seek

adventure in the trackless forests of the Chaco or to hunt big game in

the remote regions of the Beni. A traveller may journey through the

country peacefully, and, indeed, the rural districts of Bolivia are as

safe as the streets of a quiet town of New England. Never has Bolivia

faced a more promising outlook than at the present time, when peace

reigns in its foreign and domestic relations; when industrial progress

is showing greater signs of activity than ever before; when public

instruction is broadening out, and seeking higher levels; and when,

as the president’s message of 1905 expresses it, there is “a strongly

accentuated tendency toward the improvement of the national finances.”

This very satisfactory condition of affairs is largely due to the

superior executive and administrative ability of the president, his

excellency, General Ismael Montes, who, since his election in 1904, has

consecrated every effort to promote the progress and well-being of his

country.

[Illustration: SEÑOR DR. MIGUEL DE LOS SANTOS TABORGA, THE

LATE ARCHBISHOP OF LA PLATA.]

One of the youngest presidents in the world, being still in the early

forties, the chief executive of Bolivia exemplifies in his life and

character the highest aspirations of patriotism and public-spirited

enterprise. President Montes is by birth a Paceño, as natives of La

Paz are called, and his public career began at a very early age, his

sterling moral qualities and the vigor and energy of his mind combining

to make him a conspicuous figure among the students of the university

long before he became noted as a lawyer of ability and a journalist

famous for the austerity of his principles and his uncompromising

fidelity to the laws of justice and equity. In the midst of the most

turbulent crises of politics, his voice and his pen have always been

guided by serene and unwavering judgment. It was soon recognized that

the young politician possessed the rare qualities of a leader, and that

he was destined to achieve the highest positions of the state. When

the Liberal revolution was installed in La Paz, he rose rapidly in the

esteem of the Federal party, and was made colonel and chief of staff

of the army which under General Pando defeated and overthrew President

Alonso. Later, as minister of war in President Pando’s Cabinet, his

genius as an organizer and as an executive chief became noted through

many reforms, and the fortitude of his character was evinced in an

especial manner. At the head of a division, he took part in the Acre

campaign against Brazil, marching with his troops across the mountains

and through the forests of northern Bolivia to the remote frontier. In

a second expedition to Acre, which he made in company with President

Pando, his animated and audacious spirit, the correctness of his manner

of living, and the strict system of discipline maintained in his army,

as well as the serenity of his disposition and his indefatigable zeal,

so completely won the admiration of his countrymen, that he began to be

looked upon as their choice for a political chief, and to be named as

the prospective president of the country. The proof of the political

prestige which he had gained without apparent effort is seen in the

triumph of his election, with its enormous majority. The administration

of President Montes is marked by progress in every department, of

a character to reveal constantly the calm, strong, and independent

judgment of a statesman who looks always forward, like a good helmsman

guiding the ship of state without fear and without favor across the

uncertain sea of national politics.

The president’s first representative, Señor Dr. Don Eliodoro Villazón,

vice-president of the republic and president of the national Congress,

is among the greatest of Bolivia’s statesmen. His career has been one

of marked distinction, not only during the present administration,

but through a long period of devoted service to his country. It is a

pronounced trait of his character that “his word is as good as his

bond,” and that in all his acts are shown a lofty sense of duty and a

firm and unwavering purpose. As diplomatist, orator, financier, and

politician, Dr. Villazón ranks with the best that South America has

produced, and, as Mr. Elihu Root observed in a recent address on the

subject, “there are many remarkably good statesmen in South America.”

The second vice-president, Señor Dr. Don Valentin Abecia, represents

the best ideals of the nation in his sterling character and superior

intellectual gifts. Dr. Abecia is not only a statesman, but a scholar

as well, and he has done a great deal to stimulate a love of learning

in his country. As president of the Geographic Society of Sucre,

and as director of the Medical School, his name is associated with

modern progress in Bolivia along the lines of research and scientific

experiment. In politics, Dr. Abecia is esteemed for his correct

principles and scrupulous honor.

In the ecclesiastical government of Bolivia the executive is

represented by the Archbishop of La Plata, one of the highest

dignitaries of the Roman Catholic Church, reverenced for his great

piety and esteemed for rare mental gifts. Archbishop Pifferi was

appointed to succeed the much beloved Archbishop Taborga, by whose

death in December, 1905, the whole Bolivian nation was plunged into

grief, so greatly had the noble prelate, during a long and useful

lifetime, endeared himself to the hearts of the people. The present

archbishop is of Italian birth, and is fifty-eight years of age. He

came to Bolivia first as a missionary of the Franciscan order in 1872,

and from the Franciscan college at Tarija he directed his labors to

the savage districts of the northern Chaco, where he became very

popular with the Indians, learning their language and constituting

himself their protector. From this “footstool of humility,” the young

missionary rose to be prefect of missions, then to be guardian of

the order in Tarija, and later commissary-general of the Franciscan

order in Bolivia, during which time he visited every mission in the

country, travelling two thousand five hundred miles on muleback. After

twenty-seven years in Bolivia he returned to Rome, remaining only for

a short time, when he was appointed by Pope Leo XIII. Apostolic Vicar

of the Beni. Soon afterward, Archbishop Taborga, with the approval of

President Montes, called him to the charge of archbishop’s coadjutor,

with the right of succession, and he was consecrated in Rome in

October, 1905. Archbishop Taborga died before the arrival of his

assistant; and as soon as Archbishop Pifferi reached La Paz, he was

notified of his succession to the archiepiscopal see by the foreign

minister, Señor Don Claudio Pinilla, who is also the minister of

worship. The illustrious Bishop of La Paz, Dr. Armentia, is one of the

most learned churchmen of South America, and the Bishops of Cochabamba

and Santa Cruz are devoted propagandists of the national religion.

Never in the history of the republic have the ruling powers in both

Church and state worked with greater zeal for the interests of national

progress and prosperity than under the existing government, and the

outlook is promising for the advancement of the country in all that

pertains to its development.

[Illustration: STREET SCENE, LA PAZ.]

[Illustration: THE MINISTER OF FOREIGN AFFAIRS OF BOLIVIA IN

CONFERENCE WITH THE FOREIGN DIPLOMATIC CORPS.]

Bolivia · 第 5 / 29 章