unless, for capital offences, when the proof is evident, or presumption
great; and the privilege and benefit of the writ of _habeas corpus_
shall be enjoyed in this Republic, in the most free, easy, cheap,
expeditious and ample manner, and shall not be suspended by the
Legislature, except upon the most urgent and pressing occasions, and for
a limited time, not exceeding twelve months.
ARTICLE II
LEGISLATIVE POWERS
SECTION 1. That the legislative power shall be vested in a Legislature
of Liberia, and shall consist of two separate branches--a House of
Representatives and a Senate, to be styled the Legislature of Liberia;
each of which shall have a negative on the other, and the enacting style
of their acts and laws shall be, “_It is enacted by the Senate and House
of Representatives of the Republic of Liberia in Legislature
assembled._”
SECTION 2. The representatives shall be elected by and for the
inhabitants of the several counties of Liberia, and shall be apportioned
among the several counties of Liberia, as follows: The county of
Montserrado shall have four representatives, the county of Grand Bassa
shall have three, and the county of Sinoe shall have one; and all
counties hereafter which shall be admitted into the Republic shall have
one representative, and for every ten thousand inhabitants one
representative shall be added. No person shall be a representative who
has not resided in the county two whole years immediately previous to
his election and who shall not, when elected be an inhabitant of the
county, and does not own real estate of not less value than one hundred
and fifty dollars in the county in which he resides, and who shall not
have attained the age of twenty-three years. The representatives shall
be elected biennially, and shall serve two years from the time of their
election.
SECTION 3. When a vacancy occurs in the representation of any county by
death, resignation, or otherwise, it shall be filled by a new election.
SECTION 4. The House of Representatives shall elect their own Speaker
and other officers; they shall also have the sole power of impeachment.
SECTION 5. The Senate shall consist of two members from Montserrado
County, two from Grand Bassa County, two from Sinoe County, and two from
each county which may be hereafter incorporated into this Republic. No
person shall be a senator who shall not have resided three whole years
immediately previous to his election in the Republic of Liberia, and who
shall not, when elected, be an inhabitant of the county which he
represents, and who does not own real estate of not less value than two
hundred dollars in the county which he represents, and who shall not
have attained the age of twenty-five years. The senator for each county
who shall have the highest number of votes shall retain his seat four
years, and the one who shall have the next highest number of votes, two
years; and all who are afterwards elected to fill their seats, shall
remain in office four years.
SECTION 6. The Senate shall try all impeachments; the senators being
first sworn or solemnly affirmed to try the same impartially and
according to law; and no person shall be convicted but by the
concurrence of two-thirds of the senators present. Judgment, in such
cases, shall not extend beyond removal from the office and
disqualification to hold an office in the Republic; but the party may be
tried at law for the same offense. When either the President or
Vice-President is to be tried, the Chief Justice shall preside.
SECTION 7. It shall be the duty of the Legislature as soon as
conveniently may be, after the adoption of this Constitution, and once
at least in every ten years afterwards, to cause a true census to be
taken of each town and county of the Republic of Liberia; and a
representative shall be allowed every town having a population of ten
thousand inhabitants; and for every additional ten thousand in the
counties after the first census one representative shall be added to
that county, until the number of representatives shall amount to thirty;
and afterwards, one representative shall be added for every thirty
thousand.
SECTION 8. Each branch of the Legislature shall be judge of the election
returns and qualification of its own members. A majority of each shall
be necessary to transact business, but a less number may adjourn from
day to day and compel the attendance of absent members. Each House may
adopt its own rules of proceedings, enforce order, and, with the
concurrence of two-thirds, may expel a member.
SECTION 9. Neither House shall adjourn for more than two days without
the consent of the other; and both Houses shall always sit in the same
town.
SECTION 10. Every bill or resolution which shall have passed both
branches of the Legislature, shall, before it becomes a law, be laid
before the President for his approval; if he approves, he shall sign it;
if not, he shall return it to the Legislature with his objections. If
the Legislature shall afterwards pass the bill or resolution by a vote
of two-thirds in each branch it shall become a law. If the President
shall neglect to return such bill or resolution to the Legislature with
his objections for five days after the same shall have been so laid
before him, the Legislature remaining in session during that time, such
neglect shall be equivalent to his signature.
SECTION 11. The Senators and Representatives shall receive from the
Republic a compensation for their services to be ascertained by law; and
shall be privileged from arrest, except for treason, felony, or breach
of the peace, while attending at, going to, or returning from, the
session of the Legislature.
ARTICLE III
EXECUTIVE POWER
SECTION 1. The supreme executive power shall be vested in a President,
who shall be elected by the people, and shall hold his office for the
term of two years. He shall be commander-in-chief of the army and navy.
He shall in the recess of the Legislature have power to call out the
militia, or any portion thereof, into actual service in defence of the
Republic. He shall have power to make treaties, provided the Senate
concur therein by a vote of two-thirds of the senators present. He shall
nominate, and with the advice and consent of the Senate, appoint and
commission all ambassadors and other public ministers and consuls,
secretaries of State, of War, of the Navy, and of the Treasury, Attorney
General, all judges of courts, sheriffs, coroners, registers, marshals,
justices of the peace, clerks of courts, notaries public, and all other
officers of State,--civil and military, whose appointment may not be
otherwise provided for by the Constitution, or by standing laws. And in
the recess of the Senate, he may fill any vacancies in those offices,
until the next session of the Senate. He shall receive all ambassadors
and other public ministers. He shall take care that the laws are
faithfully executed:--he shall inform the Legislature, from time to
time, of the condition of the Republic, and recommend any public
measures for their adoption which he may think expedient. He may, after
conviction, remit any public forfeitures and penalties, and grant
reprieves and pardons for public offences except in cases of
impeachment. He may require information and advice from any public
officer touching matters pertaining to his office. He may, on
extraordinary occasions, convene the Legislature, and may adjourn the
two Houses whenever they cannot agree as to the time of adjournment.
SECTION 2. There shall be a Vice-President who shall be elected in the
same manner and for the same term as that of the President, and whose
qualifications shall be the same; he shall be President of the Senate,
and give the casting vote when the house is equally divided on any
subject. And in the case of the removal of the President from office,
or his death, resignation, or inability to discharge the powers and
duties of the said office, the same shall devolve on the Vice-President;
and the Legislature may by law provide for the cases of removal, death,
resignation, or inability, both of the President and Vice-President,
declaring what officer shall then act as President, and such officer
shall act accordingly until the disability be removed, or a President
shall be elected.
SECTION 3. The Secretary of State shall keep the records of the State,
and all the records and papers of the Legislative body, and all other
public records and documents not belonging to any other department, and
shall lay the same when required, before the President or Legislature.
He shall attend upon them when required, and perform such other duties
as may be enjoined by law.
SECTION 4. The Secretary of the Treasury, or other persons who may by
law be charged with custody of public monies, shall, before he receive
such monies, give bonds to the State, with sufficient sureties, to the
acceptance of the Legislature, for the faithful discharge of his trust.
He shall exhibit a true account of such monies when required by the
President, or Legislature, and no monies shall be drawn from the
Treasury, but by warrant from the President in consequence of
appropriation made by law.
SECTION 5. All ambassadors and other public ministers and consuls, the
Secretary of State, of War, of the Treasury, and of the Navy, the
Attorney General and Post Master General, shall hold their office during
the pleasure of the President. All justices of the peace, sheriffs,
coroners, marshals, clerks of courts, registers, and notaries public,
shall hold their offices for the term of two years from the date of
their respective commissions; but they may be removed from office within
that time by the President at his pleasure; and all other officers whose
term of office shall not be otherwise limited by law, shall hold their
offices during the pleasure of the President.
SECTION 6. Every civil officer may be removed from office by impeachment
for official misconduct. Every such officer may also be removed by the
President upon the address of both branches of the Legislature, stating
their particular reason for his removal. No person shall be eligible to
the office of President who has not been a citizen of this Republic for
at least five years, and who shall not have attained the age of
Thirty-five years, and who is not possessed of unencumbered real estate
of the value of Six hundred dollars.
SECTION 7. The President shall at stated times receive for his services
compensation which shall neither be increased nor diminished during the
period for which he shall have been elected; and before he enters on the
execution of his office, he shall take the following oath or
affirmation:--
_I do solemnly swear (or affirm), that I will faithfully execute the
office of President of the Republic of Liberia, and will, to the best of
my ability, preserve, protect and defend the Constitution, and enforce
the laws of the Republic of Liberia._
ARTICLE IV
JUDICIAL DEPARTMENT
SECTION 1. The judicial power of this Republic shall be vested in one
Supreme Court, and such subordinate courts as the Legislature may from
time to time establish. The judges of the Supreme Court, and all other
judges of courts, shall hold their office during good behaviour; but may
be removed by the President, on the address of two-thirds of both houses
for that purpose, or by impeachment, and conviction thereon. The judges
shall have salaries established by law, which may be increased, but not
diminished during their continuance in office. They shall not receive
other perquisites, or emoluments whatever from parties, or others, on
account of any duty required of them.
SECTION 2. The Supreme Court shall have original jurisdiction in all
cases affecting ambassadors, or other public ministers and consuls, and
those to which a country shall be a party. In all other cases the
Supreme Court shall have appellate jurisdiction, both as to law and
facts, with such exceptions and under such regulations as the
Legislature shall from time to time make.
ARTICLE V
MISCELLANEOUS PROVISIONS
All laws now in force in the Commonwealth of Liberia and not repugnant
to the Constitution shall be in force as the laws of the Republic of
Liberia until they shall be repealed by the Legislature.
SECTION 2. All judges, magistrates, and other officers now concerned in
the administration of justice in the Commonwealth of Liberia, and all
other existing civil and military officers therein, shall continue to
hold and discharge the duties of their respective offices in the name
and by the authority of the Republic until others shall be appointed and
commissioned in their stead, pursuant to the Constitution.
SECTION 3. All towns and municipal corporations within the Republic,
constituted under the laws of the Commonwealth of Liberia, shall retain
their existing organizations and privileges, and the respective officers
thereof shall remain in office and act under the authority of this
Republic in the same manner and with like power as they now possess
under the laws of said Commonwealth.
SECTION 4. The first election of President, Vice-President, Senators and
Representatives, shall be held on the first Tuesday in October, in the
year of Our Lord, Eighteen Hundred and Forty-seven, in the same manner
as the election of members of the Council are held in the Commonwealth
of Liberia; and the votes shall be certified and returned to the
Colonial Secretary, and the result of the election shall be ascertained,
posted, and notified by him, as is now by law provided, in case of such
members of Council.
SECTION 5. All other elections of Presidents, Vice-President, Senators
and Representatives, shall be held in the respective towns on the first
Tuesday in May in every two years; to be held and regulated in such a
manner as the Legislature may by law prescribe. The returns of votes
shall be made to the Secretary of State, who shall open the same and
forthwith issue notices of the election to the persons apparently so
elected Senators and Representatives; and all such returns shall be by
him laid before the Legislature at its next ensuing session, together
with a list of the names of the persons who appear by such returns to
have been duly elected Senators and Representatives; and the persons
appearing by said returns to be duly elected shall proceed to organize
themselves accordingly, as the Senate and House of Representatives. The
votes for President shall be sorted, counted and declared by the House
of Representatives; and if no person shall appear to have a majority of
such votes, the Senators and Representatives present, shall, in
convention, by joint ballot, elect from among the persons having the
three highest number of votes, a person to act as President for the
ensuing term.
SECTION 6. The Legislature shall assemble once at least in every year,
and such meetings shall be on the first Monday in January, unless a
different day shall be appointed by law.
SECTION 7. Every legislator and other officer appointed under this
Constitution shall, before he enters upon the duties of his office, take
and subscribe a solemn oath, or affirmation, to support the Constitution
of this Republic, and faithfully and impartially discharge the duties of
such office. The presiding officer of the Senate shall administer such
oath or affirmation, to the President in Convention of both Houses; and
the President shall administer the same to the Vice-President, to the
Senators, and to the Representatives in like manner. When the President
is unable to attend, the Chief Justice of the Supreme Court may
administer the oath, or affirmation to him at any place, and also to the
Vice-President, Senators, and Representatives, in convention. Other
officers may take such oath, or affirmation before the President, Chief
Justice, or any other person who may be designated by law.
SECTION 8. All elections of public officers shall be made by a majority
of the votes, except in cases otherwise regulated by the Constitution,
or by law.
SECTION 9. Officers created by this Constitution, which the present
circumstances of the Republic do not require that they shall be filled,
shall not be filled until the Legislature shall deem it necessary.
SECTION 10. The property of which a woman may be possessed at the time
of her marriage, and also that of which she may afterwards become
possessed, otherwise than by her husband, shall not be held responsible
for his debts, whether contracted before, or after marriage.
Nor shall the property thus intended to be secured to the woman be
alienated otherwise than by her free and voluntary consent, and such
alienation may be made by her either by sale, devise, or otherwise.
SECTION 11. In all cases in which estates are insolvent, the widow shall
be entitled to one third of the real estate during her natural life, and
to one third of the personal estate, which she shall hold in her own
right, subject to alienation by her, by sale, devise, or otherwise.
SECTION 12. No person shall be entitled to hold real estate in this
Republic unless he be a citizen of the same. Nevertheless this article
shall not be construed to apply to colonization, missionary,
educational, or other benevolent institutions, so long as the property,
or estate is applied to its legitimate purpose.
SECTION 13. The great object of forming these colonies being to provide
a home for the dispersed and oppressed children of Africa, and to
regenerate and enlighten this benighted continent, none but persons of
color shall be admitted to citizenship in this Republic.
SECTION 14. The purchase of any land by any citizen, or citizens from
the aborigines of this country for his or their own use, or for the
benefit of others, as estate or estates, in fee simple, shall be
considered null and void to all intents and purposes.
SECTION 15. The improvement of the native tribes and their advancement
in the art of agriculture and husbandry being a cherished object of this
government, it shall be the duty of the President to appoint in each
county some discreet person whose duty it shall be to make regular and
periodical tours through the country for the purpose of calling the
attention of the natives to those wholesome branches of industry, and of
instructing them in the same, and the Legislature shall, as soon as it
can conveniently be done, make provisions for these purposes by the
appropriation of money.
SECTION 16. The existing regulations of the American Colonization
Society, in the Commonwealth, relative to immigrants, shall remain the
same in the Republic until regulated by compact between the Society and
the Republic; nevertheless, the Legislature shall make no law
prohibiting emigration. And it shall be among the first duties of the
Legislature, to take measures to arrange the future relations between
the American Colonization Society and this Republic.
SECTION 17. This Constitution may be altered whenever two thirds of both
branches of the Legislature, shall deem it necessary; in which case the
alterations or amendments, shall first be considered and approved by the
Legislature by the concurrence of two thirds of the members of each
branch and afterwards by them submitted to the people, and adopted by
two thirds of all the electors at the next biennial meeting for the
election of Senators, and Representatives.
DONE in CONVENTION, at Monrovia in the County of Montserrado, by the
unanimous consent of the people of the Commonwealth of Liberia, this
Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight
Hundred and Forty-seven, and of the REPUBLIC the first. In witness
whereof we have hereto set our names.
(As before.)
AN ACT AMENDING THE CONSTITUTION OF THE REPUBLIC of LIBERIA
1907
An Act proposing Sundry Amendments to the Constitution of Liberia.
_It is enacted by the Senate and House of Representatives of the
Republic of Liberia in Legislature assembled_:--
SECTION 1. That the following Amendments shall become part of the
National Constitution and be submitted to the people at the ensuing
biennial election to be held on the first Tuesday in May, A. D. 1907,
throughout the several counties of the Republic for their consideration
and approval, or non-approval, and the ballot shall be written
“adoption, or no adoption.”
SECTION 2. That Article 3rd, Section 1st be made to read, “The supreme
executive power shall be vested in a President, who shall be elected by
the people and shall hold his office for the term of four years and be
elected quadrennially.”
SECTION 3. That Article 2nd, Section 2nd, after the words “Twenty-three
years” be made to read, The Representatives shall be elected
quadrennially and shall serve for four years from the time of their
election.
SECTION 4. That Article 2nd, Section 5th, after the words, “Twenty-five”
be made to read “The Senators shall serve for six years and shall be
elected quadrennially, and those elected May, A. D. 1905, shall retain
their seat for six years, from the time of their election, and all who
are afterwards elected, six years.”
SECTION 5. That when a vacancy occurs in the office of Vice-President by
death, resignation or otherwise, after the regular election of the
President and Vice-President, the President shall immediately order a
special election to fill said vacancy.
SECTION 6. That Article 5th, Section 13th be made to read “None but
Negroes or persons of Negro descent, shall be eligible to citizenship in
this Republic.”
SECTION 7. That Section 3rd, of Article 4th, be made to read, “The
judges of the Supreme Court shall be the Chief and two Associate
Justices.”
Any law to the contrary notwithstanding.
SUGGESTIONS
Made by the Liberian Government to the American Commission in 1909
1. That the Government of the United States be requested to guarantee as
far as practicable the independence and integrity of Liberia, either
alone or in conjunction with certain European powers.
2. To advise and counsel the Government of Liberia on international
affairs and with respect to reforms.
3. The Government of the United States be requested to liquidate the
foreign and local indebtedness of the Republic, taking over the control
of its financial and customs administrations for a period of years
sufficient to effect a reorganization and systematization of same under
American experts and allowing to the Republic an annual sum to be
hereinafter agreed upon for the payment of the expenses of the
Government and for internal improvements until the amount advanced by
the United States for the liquidation of the indebtedness of the
Republic be paid.
4. That the United States Government be requested to furnish the
Republic with experts for service in such departments of government as
may be deemed necessary--at the expense of the latter--in order to
facilitate and carry out the necessary reforms.
5. That the Government of the United States be requested to use its good
offices in inducing American capitalists--either in conjunction with
foreign capitalists or alone--to establish a bank in Liberia which shall
receive the revenues of the Republic and make advances to the Government
upon terms to be agreed upon, and also to construct and run railways and
other improvements.
6. That the Government of the United States be requested to enter into
an arbitration treaty with Liberia, and to use its good and kind offices
with the European powers interested in West Africa to enter into similar
engagements with the Republic.
7. That the American Government be requested to use their good offices
to secure the equitable execution of the boundary arrangements entered
into between the Government of Liberia and the Government of Great
Britain and France, especially to assist the Government of Liberia
diplomatically to secure possession of the Kanre Lahun section and other
sections in the north of Liberia, now occupied by Great Britain, which
by the Anglo-Liberian boundary commission were acknowledged to this
Republic, as well as the securing to Liberia the hinterland recognized
as Liberian by the conventions concluded between her and France, but
which has been materially altered to the detriment of Liberia by the
delimitation commission of 1908-9.
8. That the Government of the United States be requested to undertake a
scientific research of the country with the view of ascertaining a more
accurate knowledge of its mineral, vegetable, and other resources, and
to interest American capitalists in the development of the same; and
also to aid the Government of Liberia in the establishment of a school
for scientific medical research with particular reference to the study
of tropical diseases.
9. To aid the Government of Liberia in establishing industrial schools
in one or more of the counties of the Republic with a view of promoting
a knowledge of such trades and industries as will render the Republic
self-reliant.
10. To aid in establishing civilized centers on the frontiers and
hinterland in order to accelerate the uplifting and improvement of the
natives and perpetuate the object of the American founders of Liberia.
11. To supervise the organization of a police and frontier force under
American officers.
12. To request the United States war ships to visit Liberia annually, or
oftener.
13. It is the anxious desire of Liberia that closer business relations
and a substantial sail or steam service be established between the
mother country and ours, and to this end we earnestly ask that the
United States will encourage and foster a regular line of steamers (by
an American company) to carry mails and passengers to and from Liberia
as well as African produce to the American markets.
14. The Government of Liberia here express its willingness to concede to
the Government of the United States any rights and privileges for the
construction of coaling stations or any other enterprises which she may
deem necessary to enter upon that would be beneficial to the people and
Government of the United States, the same not being inconsistent with
existing treaty stipulations with other foreign powers.
LIBERIAN OFFICIALS
AGENTS AND GOVERNORS
Eli Ayres[D] 1822
Frederick James 1822
Elijah Johnson 1822
Jehudi Ashmun[E] 1822
Lott Carey 1828
Richard Randall[F] 1828
William Mechlin[G] 1829
John B. Pinney[H] 1834
Ezekiel Skinner[I] 1835
A. D. Williams 1836
Thomas Buchanan[J] 1839
Joseph J. Roberts 1841
[D-J] Indicates white men.
GOVERNORS OF MARYLAND
James Hall[K] 1834
J. B. Russwurm 1836
S. F. McGill 1851
William A. Prout 1854
B. J. Drayton 1856
[K] Indicates white men.
PRESIDENTS AND VICE-PRESIDENTS OF THE REPUBLIC
Joseph J. Roberts, Monrovia 1848 Nathaniel Brandes
A. D. Williams
Stephen A. Benson
Stephen A. Benson, Buchanan 1856 Benjamin Y. Yates
Daniel B. Warner
Daniel B. Warner, Monrovia 1864 James Priest
James S. Payne, Monrovia 1868 Joseph Gibson
Edward J. Roye, Monrovia 1870 James S. Smith
Joseph J. Roberts, Monrovia 1872 Anthony W. Gardner
James S. Payne, Monrovia 1876 Charles Harmon
Anthony W. Gardner, Monrovia 1878
(Alfred F. Russell) 1883 Alfred F. Russell
Hilary Richard Wright Johnson,
Monrovia 1884 James Thompson
Joseph J. Cheeseman, Edina 1892 William D. Coleman
William D. Coleman, Clay-Ashland 1896 Joseph J. Ross
Garretson W. Gibson, Monrovia 1902 Joseph Summerville
Arthur Barclay, Monrovia 1904 Joseph Summerville
1908 James J. Dossen
Daniel E. Howard, Monrovia 1912 Samuel G. Harmon
SECRETARIES OF STATE
Hilary Teague
J. N. Lewis
D. B. Warner
E. W. Blyden
J. W. Blackledge
H. R. W. Johnson
J. E. Moore
W. M. Davis
Ernest Barclay
G. W. Gibson
A. Barclay
W. Y. Gibson (_pro tem_)
H. W. Travis
NATIONAL ANTHEM
All hail, Liberia, hail!
This glorious land of liberty
Shall long be ours.
Tho’ new her name,
Green be her fame,
And mighty be her powers.
In joy and gladness, with our hearts united,
We’ll shout the freedom of a race benighted.
Long live Liberia, happy land.
A home of glorious liberty by God’s command.
All hail! Liberia, hail!
In union strong, success is sure.
We cannot fail.
With God above,
Our rights to prove,
We will the world assail.
With heart and hand our country’s cause defending
We meet the foe, with valor unpretending.
Long live Liberia, happy land,
A home of glorious liberty by God’s command.
[Illustration: MAP OF LIBERIA]
Transcriber’s Notes
Footnotes have been moved to under the paragraph or other element in
which they are referenced.
Inconsistent spelling (including spelling of names) and hyphenation in
the printed work have been retained; spelling variants have not been
standardised, except as mentioned below.
Page xiii: Inconsistencies between the Table of Contents and the text
have been retained.
Page 24, Footnote [A]: the numbers given for the settlements in St.
Paul’s do not add up to the total given.
Page 33: ... much headway is making: as printed.
Changes made:
Some obvious minor punctuation, capitalisation and typography errors
have been corrected silently.
Page 18: Mioceme changed to Miocene
Page 21: Congo, Belge changed to Congo Belge
Page 30: Hiliary Teague changed to Hilary Teague; Russwarm changed to
Russwurm
Page 33: west coat changed to west coast
Page 48: the island Burkom changed to the island Borkum
Page 78: “ inserted before I regret to say ...
Page 108: ” added after ... Government.
Page 143: column headers added to table (b)
Page 147: natives boys changed to native boys
Page 163: 1782 schools changed to 1782 children
Page 175: ” added after last signatory
Page 203: Careysberg District changed to Careysburg District
Page 205: ” added after ... for the whole loan.
Page 250-257: lay-out standardised
Page 253: Gallhinas changed to Gallinhas
Page 255: Corsico changed to Corisco
Page 273: ” added after ... six years.
Page 275: Jehudi Ashman changed to Jehudi Ashmun
Page 276: Hiliary Teague changed to Hilary Teague.