The concretion of Cuban history is in the Constitution of the Cuban
Republic. In that document are realized the hopes of a patient but
resolute people. In it are embodied the ideals for which Lopez fought
and died; for which Cespedes strove; for which Marti pleaded and taught
and planned; for which Maximo Gomez and Antonio Maceo battled against
desperate odds; for which Estrada Palma gave the ripe statesmanship of a
devoted life. There were provisional constitutions before, drafted in
mountain camps in the intervals between battles, but they represented
aspirations rather than achievements. It was reserved for the time of
triumph, when the Spaniard was forever driven from the Cuban shores, and
the Pearl of the Antilles was no more made to adorn an alien diadem, for
the statesmanship of the island in calm deliberation to frame the
instrument which was to confirm and safeguard for all time that which
had been won with the blood of innumerable martyrs, and which was to
erect the Cuban people into the Cuban Nation.
[Illustration: THE CAPITOL
The Capitol, the new government building at Havana, is one of the great
public works of the administration of President Menocal. It occupies a
fine site in the heart of the city, and will architecturally rank among
the noteworthy government buildings of the world. In the contrast
between it and ancient La Fuerza, its original predecessor, is suggested
the whole span of Cuban history.]
We shall profitably pause for a space in our narrative, to note what
manner of Constitution it was that was thus adopted:
We, the delegates of the people of Cuba, in national convention
assembled for the purpose of framing and adopting the Fundamental Law
under which Cuba is to be organized as an independent and sovereign
State, and be given a government capable of fulfilling its
international obligations, preserving order, securing liberty and
justice, and promoting the general welfare, do hereby ordain, adopt, and
establish, invoking the favor of God, the following Constitution:
TITLE I
THE NATION, ITS FORM OF GOVERNMENT, AND THE
NATIONAL TERRITORY
ARTICLE 1. The people of Cuba constitute themselves into a sovereign,
independent State and adopt a republican form of government.
ART. 2. The island of Cuba and the islands and islets adjacent thereto,
which up to the date of the ratification of the treaty of Paris, of
December 10, 1898, were under the sovereignty of Spain, form the
territory of the Republic.
ART. 3. The territory of the Republic shall be divided into the six
provinces which now exist, each of which shall retain its present
boundaries. The determination of their names corresponds to the
respective provincial councils.
The provinces may by resolution of their respective provincial councils
and the approval of Congress annex themselves to other provinces, or
subdivide their territory and form new provinces.
TITLE II
CUBANS
ART. 4. Cuban nationality is acquired by birth or by naturalization.
ART. 5. Cubans by birth are:
1. All persons born of Cuban parents whether within or without the
territory of the Republic.
2. All persons born of foreign parents within the territory of the
Republic, provided that on becoming of age they apply for inscription,
as Cubans, in the proper register.
3. All persons born in foreign countries of parents natives of Cuba who
have forfeited their Cuban nationality, provided that on becoming of age
they apply for their inscription as Cubans in the register aforesaid.
ART. 6. Cubans by naturalization are:
1. Foreigners who having served in the liberating army claim Cuban
nationality within six months following the promulgation of this
constitution.
2. Foreigners domiciled in Cuba prior to January 1, 1899, who have
retained their domicile, provided that they claim Cuban nationality
within six months following the promulgation of this constitution, or if
they are minors within a like period following the date on which they
reach full age.
3. Foreigners who after five years' residence in the territory of the
Republic, and not less than two years after the declaration of their
intention to acquire Cuban nationality have obtained naturalization
papers according to law.
4. Spaniards residing in the territory of Cuba on the 11th day of April,
1899, who failed to register themselves as such in the corresponding
register within one year thereafter.
5. Africans who were slaves in Cuba, and those "emancipated" referred to
in article 13 of treaty of June 28, 1835, between Spain and England.
ART. 7. Cuban nationality is lost:
1. By the acquisition of foreign citizenship.
2. By the acceptance of employment or honors from another government
without permission of the Senate.
3. By entering the military service of a foreign nation without the said
permission.
4. In cases of naturalized Cubans, by their residence for five years
continuously in the country of origin, except when serving an office or
fulfilling a commission of the Government of the Republic.
ART. 8. Cuban nationality may be reacquired in the manner to be provided
by law.
ART. 9. Every Cuban shall be bound:
1. To bear arms in defense of his country in such cases and in such
manner as may be determined by the laws.
2. To contribute to the payment of public expenses in such manner and
proportion as the laws may prescribe.
TITLE III
FOREIGNERS
ART. 10. Foreigners residing within the territory of the Republic shall
be on the same footing as Cubans:
1. In respect to protection of their persons and property.
2. In respect to the enjoyment of the rights guaranteed by Section first
of the following title, excepting those exclusively reserved to
citizens.
3. In respect to the enjoyment of civil rights under the conditions and
limitations prescribed in the law of aliens.
4. In respect to the obligation of obeying the laws, decrees,
regulations, and all other statutes that may be in force in the
Republic, and complying with their provisions.
5. In respect to submission to the jurisdiction and decisions of the
courts of justice and all other authorities of the Republic.
6. In respect to the obligation of contributing to the public expenses
of the State, province, and municipality.
TITLE IV
RIGHTS GUARANTEED BY THIS CONSTITUTION
SECTION FIRST
INDIVIDUAL RIGHTS
ART. 11. All Cubans are equal before the law. The Republic does not
recognize any personal prerogatives.
ART. 12. No law shall have retroactive effect, except when penal and
favorable to the defendant.
ART. 13. Obligations of a civil nature arising out of contracts or other
acts or omissions shall not be nullified by either the legislative or
the executive power.
ART. 14. The penalty of death shall in no case be imposed for offenses
of political character, said offenses to be defined by law.
ART. 15. No person shall be detained except in the cases and in the
manner prescribed by law.
ART. 16. Every arrested person shall be set at liberty or placed at the
disposal of the competent judge or court within twenty-four hours
immediately following the arrest.
ART. 17. All arrests shall be terminated, or turned into formal
imprisonments, within seventy-two hours, immediately after the delivery
of the arrested person to the judge or court of competent jurisdiction.
Within the same time notice shall be served upon the interested party of
the action taken.
ART. 18. No person shall be imprisoned except by order of a competent
judge or court.
The order directing the imprisonment shall be affirmed or reversed, upon
the proper hearing of the prisoner, within seventy-two hours next
following the committal.
ART. 19. No person shall be prosecuted or sentenced except by a
competent judge or court, by virtue of laws in force, prior to the
commission of the offense, and in the manner and form prescribed by said
laws.
ART. 20. Every person arrested or imprisoned without the formalities of
law, or outside of the cases foreseen in this constitution or the laws,
shall be set at liberty at his own request or that of any citizen.
The law shall determine the form of summary proceedings to be followed
in this case.
ART. 21. No one shall be bound to testify against himself, neither shall
he be compelled to testify against his consort, nor against his
relatives within the fourth degree of consanguinity or second of
affinity.
ART. 22. The secrecy of correspondence and other private documents is
inviolable, and neither shall be seized or examined except by order of a
competent authority and with the formalities prescribed by the laws. In
all cases matters therein contained not relating to the subject under
investigation shall be kept secret.
ART. 23. Domicile is inviolable; and therefore no one shall enter at
night the house of another except by permission of its occupant, unless
it be for the purpose of giving aid and assistance to victims of crime
or accident; or in the daytime, except in the cases and in the manner
prescribed by law.
ART. 24. No person shall be compelled to change his domicile or
residence except by virtue of an order issued by a competent authority
and in the cases prescribed by law.
ART. 25. Every one may freely express his ideas either orally or in
writing, through the press, or in any other manner, without subjection
to previous censorship; but the responsibilities specified by law, when
attacks are made upon the honor of individuals, the social order, or the
public peace, shall be properly enforced.
ART. 26. The profession of all religions, as well as the practice of all
forms of worship, is free, without any other restriction than that
demanded by the respect for Christian morality and public order. The
church shall be separated from the state, which in no case shall
subsidize any religion.
ART. 27. All persons shall have the right to address petitions to the
authorities, to have them duly acted upon, and to be informed of the
action taken thereon.
ART. 28. All the inhabitants of the Republic have the right to assemble
peacefully, without arms, and to associate with others for all lawful
pursuits of life.
ART. 29. All persons shall have the right to enter or leave the
territory of the Republic, to travel within its limits, and to change
their residence, without necessity of safe conducts, passports, except
when otherwise provided by the laws governing immigration, or by the
authorities, in cases of criminal prosecution.
ART. 30. No Cuban shall be banished from the territory of the Republic
or prohibited from entering it.
ART. 31. Primary instruction shall be compulsory and gratuitous. The
teaching of arts and trades shall also be gratuitous. Both shall be
supported by the State, as long as the municipalities and Provinces,
respectively, may lack sufficient funds to defray their expenses.
Secondary and superior education shall be controlled by the State. All
persons however, may, without restriction, learn or teach any science,
art, or profession, and found and maintain establishments of education
and instruction, but it pertains to the State to determine what
professions shall require special titles, what conditions shall be
required for their practice and for the securing of diplomas, as well as
for the issuing thereof as established by law.
ART. 32. No one shall be deprived of his property, except by competent
authority, upon proof that the condemnation is required by public
utility, and previous indemnification. If the indemnification is not
previously paid, the courts shall protect the owners and, if needed,
restore to them the property.
ART. 33. In no case shall the penalty of confiscation of property be
imposed.
ART. 34. No person is bound to pay any tax or impost not legally
established and the collection of which is not carried out in the manner
prescribed by the laws.
ART. 35. Every author or inventor shall enjoy the exclusive ownership of
his work or invention for the time and in the manner determined by law.
ART. 36. The enumeration of the rights expressly guaranteed by this
Constitution does not exclude other rights based upon the principle of
the sovereignty of the people and the republican form of Government.
ART. 37. The laws regulating the exercise of the rights which this
Constitution guarantees shall be null and void if said rights are
abridged, restricted, or adulterated by them.
SECTION SECOND
RIGHT OF SUFFRAGE
ART. 38. All Cubans of the masculine sex, over twenty-one years of age,
have the right of suffrage, except the following:
1. Those who are inmates of asylums.
2. Those judicially declared to be mentally incapacitated.
3. Those judicially deprived of civil rights on account of crime.
4. Those serving in the land or naval forces of the Republic when in
active service.
ART. 39. The laws shall establish rules and methods of procedure to
guarantee the intervention of the minorities in the preparation of the
census of electors, and in all other electoral matters, and its
representation in the House of Representatives and in the provincial and
municipal councils.
SECTION THIRD
SUSPENSION OF CONSTITUTIONAL GUARANTIES
ART. 40. The guaranties established in articles 15, 16, 17, 19, 22, 23,
24, and 27, section first of this title, shall not be suspended either
in the whole Republic, or in any part thereof, except temporarily and
when the safety of the state may require it, in cases of invasion of the
territory or of serious disturbances that may threaten public peace.
ART. 41. The territory in which the guaranties mentioned in the
preceding article are suspended shall be ruled during the period of
suspension according to the law of public order which may have been
previously enacted. But neither the said law, nor any other, shall order
the suspension of other guaranties not mentioned in the said article.
Nor shall any new offenses be created, or new penalties not established
by the law which was in force at the time of the suspension, be ordered
to be inflicted during the same.
The executive power is hereby forbidden to exile or expel from the
country any citizen thereof, or compel him to reside at any other place
farther than one hundred and twenty kilometers from his domicile. Nor
shall it detain any citizen for more than ten days, without delivering
him to the judicial authorities, or repeat the detention during the time
of the suspension of guaranties. The detained individuals shall be kept
in special departments in the public establishments destined for the
detention of prisoners charged with common offenses.
ART. 42. The suspension of the guaranties specified in article 40 shall
be ordered only and exclusively by means of a law, but if Congress is
not in session, it can be ordered by a decree of the President of the
Republic. But the President shall have no power to suspend the
guaranties more than once during the period intervening between two
sessions of Congress, or for an indefinite period of time, or for a
period longer than thirty days, without calling at the same time
Congress to meet. In all cases the President shall report the facts to
Congress, in order that it may act as deemed proper.
TITLE V
THE SOVEREIGNTY AND THE PUBLIC POWERS
ART. 43. The sovereignty is vested in the people of Cuba, and from the
said people all the public powers emanate.
TITLE VI
THE LEGISLATIVE POWER
SECTION FIRST
THE LEGISLATIVE BODIES
ART. 44. The legislative power is vested in two elective bodies, to be
known as the Chamber of Representatives and the Senate; the two together
constituting the Congress.
SECTION SECOND
THE SENATE, ITS MEMBERSHIP AND ITS POWERS
ART. 45. The Senate shall consist of four Senators for each Province, to
be elected in each one for a period of eight years by the provincial
councilors, and by double that number of electors forming with the
councilors an electoral college.
One-half of the electors shall consist of citizens paying the greatest
amount of taxes, and the other half shall possess the qualifications
required by law. But it is necessary for all of them to be of full age
and residents of the Province.
The election of electors shall be made by the provincial voters one
hundred days before that of the senators.
The Senate shall be renewed by halves every four years.
ART. 46. No one shall be a senator who has not the following
qualifications:
1. To be a Cuban by birth.
2. To be over thirty-five years of age.
3. To be in the full enjoyment of civil and political rights.
ART. 47. The Senate shall have the following exclusive powers:
1. To try, sitting as a tribunal of justice, the impeachment of the
President of the Republic, upon charges made against him by the Chamber
of Representatives, for crimes against the external security of the
State, against the free exercise of the legislative or judicial powers,
or for violation of the constitutional provisions.
2. To try, sitting as a tribunal of justice, the impeachment of the
secretaries of state, upon charges made against them by the Chamber of
Representatives, for crimes against the external security of the State,
the free exercise of the legislative or judicial powers, violation of
the constitutional provision, or any other crime of political character
determined by law.
3. To try, sitting as a tribunal of justice, the impeachment of the
governors of Provinces, upon charges made against them by the provincial
councils or by the President of the Republic for any of the crimes named
in the foregoing paragraph.
When the Senate sits as a tribunal of justice, it shall be presided over
by the Chief Justice of the Supreme Court and shall not impose any other
penalty than that of removal from office, or removal from office and
disqualification from holding any public office; but the infliction of
any other penalty upon the convicted official shall be left to the
courts declared by law to be competent for the purpose.
4. To confirm the nominations made by the President of the Republic for
the positions of Chief Justice and Associate Justices of the Supreme
Court, diplomatic representatives and consular agents of the nation, and
all other public officers whose nominations require the approval of the
Senate in accordance with the law.
5. To authorize Cuban citizens to accept employment or honors from
foreign governments or to serve in their armies.
6. To approve the treaties entered into by the President of the Republic
with other nations.
SECTION THIRD
THE HOUSE OF REPRESENTATIVES, ITS MEMBERSHIP AND ITS POWERS
ART. 48. The House of Representatives shall consist of one
representative for each twenty-five thousand inhabitants or fraction
thereof over twelve thousand five hundred, elected for the period of
four years by the direct vote of the people and in the manner provided
by law.
The House of Representatives shall be renewed by halves every two years.
ART. 49. No one shall be a Representative who has not the following
qualifications:
1. To be a Cuban citizen by birth or by naturalization, provided in the
latter case that the candidate has resided eight years in the Republic,
to be counted from the date of his naturalization.
2. To have attained to the age of twenty-five years.
3. To be in full possession of all civil and political rights.
ART. 50. The power to impeach before the Senate the President of the
Republic and the cabinet ministers, in the cases prescribed in
paragraphs first and second of article 47 corresponds to the House of
Representatives. But the concurrence of two-thirds of the total number
of Representatives, in secret session, shall be required to exercise
this right.
SECTION FOURTH
PROVISIONS COMMON TO BOTH HOUSES OF CONGRESS
ART. 51. The positions of Senator and Representative are incompatible
with the holding of any other paid position of Government appointment,
except a professorship in a Government institution, obtained by
competitive examination prior to the election.
ART. 52. Senators and Representatives shall receive from the State a
pecuniary remuneration, alike for both positions, the amount of which
may be changed at any time; the change shall not take effect until after
the renewal of the legislative bodies.
ART. 53. Senators and Representatives shall be inviolable for their
votes and opinions in the discharge of their duties. Senators and
Representatives shall only be arrested or indicted upon permission of
the body to which they belong, if Congress is then in Session, except in
case of flagrante delicto. In this case, and in the case of the arrest
or indictment being made when Congress is not in session, the fact shall
be reported, as soon as practicable, to the respective House for proper
action.
ART. 54. Both Houses of Congress shall open and close their sessions on
the same day; they shall meet in the same city, and neither shall move
to any other place, or adjourn for more than three days, except by
common consent. Nor shall they begin to do business without two-thirds
of the total number of their members being present, or continue their
sessions without the attendance of an absolute majority.
ART. 55. Each House shall be the judge of the election of its respective
members and shall also pass upon their resignations. No Senator or
Representative shall be expelled from the House to which he belongs,
except upon grounds previously determined, and to the concurrence of at
least two-thirds of the total number of its members.
ART. 56. Each House shall frame its respective rules and regulations,
and elect from among its members its president, vice-presidents and
secretaries. But the president of the Senate shall not discharge his
duties as such, except in case the Vice-President of the Republic is
absent or acting as President.
SECTION FIFTH
CONGRESS AND ITS POWERS
ART. 57. Congress shall assemble, without necessity of previous call,
twice in each year, each session to last not less than forty working
days. The first session shall begin on the first Monday in April and the
second on the first Monday in November.
It shall meet in extra session in such cases and in such manner as may
be provided by its rules and regulations and when called to convene by
the President of the Republic in accordance with the provisions of this
Constitution. In both cases it shall only consider the express object or
objects for which it assembles.
ART. 58. Congress shall meet in joint session to proclaim, after
counting and verifying the electoral vote, the President and
Vice-President of the Republic.
In this case the president of the Senate, and in his absence the
president of the House of Representatives, as vice-president of the
Congress, shall preside over the joint meeting.
If upon counting the votes for President it is found that none of the
candidates has an absolute majority of votes, or if the votes are
equally divided, Congress, by the same majority, shall elect as
President one of the two candidates having obtained the greatest number
of votes.
Should more than two candidates receive the highest number of votes--no
one obtaining an absolute majority--two or more having secured the same
number, Congress shall elect from said candidates.
The method established in the preceding paragraph shall be also employed
in the election of Vice-President of the Republic.
The counting of the electoral vote shall take place prior to the
expiration of the Presidential term.
ART. 59. Congress shall have the following powers:
1. To enact the national codes and the laws of a general nature; to
determine the rules that shall be observed in the general, provincial,
and municipal elections; to issue orders for the regulation and
organization of all services pertaining to the administration of
national, provincial, and municipal government; and to pass all other
laws and resolutions which it may deem proper relating to other matters
of public interest.
2. To discuss and approve the budgets of the revenues and expenses of
the Government. The said revenues and expenses, except such as will be
mentioned hereafter, shall be included in annual budgets which shall be
available only during the year for which they shall have been approved.
The expenses of Congress, those of the administration of justice, and
those required to meet the interest and redemption of loans, shall have,
the same as the revenues with which they have to be paid, the character
of permanent and shall be included in a fixed budget which shall remain
in force until changed by special laws.
3. To contract loans, with the obligation, however, of providing
permanent revenues for the payment of the interest and redemption
thereof.
All measures relating to loans shall require the vote of two-thirds of
the total numbers of the members of each House.
4. To coin money, fixing the standard, weight, value, and denomination
thereof.
5. To regulate the system of weights and measures.
6. To make provisions for regulating and developing internal and foreign
commerce.
7. To regulate the services of communications and railroads, roads,
canals, and harbors, creating those required by public convenience.
8. To levy such taxes and imposts of national character as may be
necessary for the needs of the government.
9. To establish rules and proceedings for obtaining naturalization.
10. To grant amnesties.
11. To fix the strength of the land and naval forces and provide for
their organization.
12. To declare war and approve treaties of peace negotiated by the
President of the Republic.
13. To designate, by means of a special law, the official who shall act
as President of the Republic in case of death, resignation, removal, or
supervenient inability of the President and Vice-President.
ART. 60. Congress shall not attach to appropriation bills any provision
tending to make changes or reforms in the legislation or in the
administration of the Government; nor shall it diminish or abolish
revenues of permanent character without creating at the same time new
revenues to take their place, except in case that the decrease or
abolition depend upon the decrease or abolition of the equivalent
permanent expenses. Nor shall Congress appropriate for any service to be
provided for in the annual budget a larger sum of money than that
recommended in the estimates submitted by the Government; but Congress
may by means of special laws create new services and reform or give
greater scope to those already existing.
SECTION SIXTH
INITIATIVE, PREPARATION, APPROVAL,
AND PROMULGATION OF LAWS
ART. 61. The right to initiate legislation is vested without distinction
in both houses of Congress.
ART. 62. Every bill passed by the two houses, and every resolution of
the same which has to be executed by the President of the Republic,
shall be submitted to him for approval. If they are approved, they shall
be signed at once by the President. If they are not approved, they shall
be returned by the President, with his objections, to the house in which
they originated, which shall enter said objections upon its journal and
engage again in the discussion of the subject.
If after this new discussion two-thirds of the total number of the
members of the house vote in favor of the bill or resolution as
originally passed, the latter shall be referred with the objections of
the President, to the other house, where it shall be also discussed, and
if the measure is approved there by the same majority it shall become
law. In all these cases the vote shall be by yeas and nays.
If within ten working days immediately following the sending of the bill
or resolution to the President, the latter fails to return it, it shall
be considered approved and shall become law.
If within the last ten days of a session of Congress a bill is sent to
the President of the Republic, and he wishes to take advantage of the
whole time granted him in the foregoing paragraph for the purposes of
approval or disapproval, he shall acquaint the Congress with his desire,
so as to cause it to remain in session, if it so wishes, until the end
of the ten days. The failure by the President to do so shall cause the
bill to be considered approved and become law.
No bill totally rejected by one house shall be discussed again in the
same session.
ART. 63. Every law shall be promulgated within ten days next following
its approval by either the President or the Congress, as the case may
be, under the provisions of the preceding article.
TITLE VII
THE EXECUTIVE POWER
SECTION FIRST
THE EXERCISE OF THE EXECUTIVE POWER
ART. 64. The executive power shall be vested in the President of the
Republic.
SECTION SECOND
THE PRESIDENT OF THE REPUBLIC, HIS POWERS
AND DUTIES
ART. 65. To be President of the Republic the following qualifications
shall be required.
1. To be a Cuban by birth or naturalization, and in the latter case to
have served in the Cuban armies in the wars of independence for at least
ten years.
2. To be over forty years of age.
3. To be in the full enjoyment of civil and political rights.
ART. 66. The President of the Republic shall be elected by presidential
electors on the same day, in the manner provided by law.
The term of office shall be four years, and no one shall be President
for three consecutive terms.
ART. 67. The President, before entering on the discharge of the duties
of his office, shall take oath or affirmation before the supreme court
of justice to faithfully discharge his duties and comply and cause
others to comply with the constitution and the laws.
ART. 68. The President of the Republic shall have the following powers
and duties:
1. To approve and promulgate the laws, and obey and cause others to obey
their provisions. To enact, if Congress has not done so, such rules and
regulations as may be necessary for the proper execution of the laws;
and to issue all orders or decrees which may be conducive to the same
purpose or to any other purposes of government and the administration
thereof in the Republic, provided that in no case the said orders or
decrees are at variance with the provisions of the law.
2. To call Congress, or the Senate alone, to meet in extra session in
the cases set forth in the constitution, or when in his opinion the
meeting may be necessary.
3. He shall adjourn Congress when no agreement can be reached between
the two houses on the question of adjournment.
4. To transmit to Congress at the beginning of each session, and
whenever he may deem it advisable, a message relating to the acts of his
administration, showing the general condition of the affairs of the
Republic, and recommending the adoption of such laws and measures as he
may deem necessary or advisable.
5. To submit to Congress through either one of the Houses, before the
15th of November, a draft of the annual budget.
6. To furnish Congress all the information desired by it on every matter
of business which does not require secrecy.
7. To conduct all diplomatic negotiations and conclude treaties with
foreign nations, provided that these treaties be submitted for approval
of the Senate, without which requisite they shall be neither valid nor
binding upon the Republic.
8. To freely appoint and remove the Secretaries of State, giving
Congress information of his action.
9. To appoint, with the approval of the Senate, the Chief Justice and
the Associate Justices of the Supreme Court, and the diplomatic and
consular agents of the Republic. If the vacancy occurs at a time in
which the Senate is not in session, he shall have power to make the
appointment of said functionaries ad interim.
10. To appoint all other public officers recognized by law, whose
appointment is not entrusted to some other authority.
11. To suspend the exercise of the rights enumerated in article 40 of
the constitution in the cases and in the manner set forth in articles 41
and 42.
12. To suspend the resolutions passed by the provincial and municipal
councils in the cases and in the manner set forth in this constitution.
13. To order the suspension of the governors of provinces in case they
exceed their powers or violate the laws; but in these cases he shall
report the fact to the Senate, in the manner and form determined by law,
for such action as may be proper.
14. To prefer charges against the governors of provinces in the cases
set forth in paragraph 3 of article 47.
15. To grant pardons according to the provisions of the law, except in
the case of public functionaries convicted for wrongs done in the
exercise of their functions.
16. To receive diplomatic representatives and admit consular agents of
other nations.
17. To dispose of the land and sea forces of the Republic as chief
commander of the same. To provide for the defense of the national
territory, reporting to Congress what he may have done on the subject.
To provide for the preservation of peace and public order in the
interior of the country. If there is danger of invasion or of any
rebellion breaking out and gravely threatening the public safety,
Congress not being in session at the time, the President shall call it
to convene without delay for such action as may be deemed proper.
ART. 69. The President shall not leave the territory of the Republic
without the permission of Congress.
ART. 70. The President shall be responsible before the Supreme Court for
the common offense he may commit during his term of office, but he shall
not be prosecuted without previous permission of the Senate.
ART. 71. The President shall receive from the State a salary which may
be changed at any time, but the change shall not go into effect until
the next following presidential term.
TITLE VIII
THE VICE-PRESIDENT OF THE REPUBLIC
ART. 72. There shall be a Vice-President of the Republic, who shall be
elected in the same manner and for the same period of time as the
President, and jointly with him. To be Vice-President the same
qualifications set forth in this constitution to be President shall be
required.
ART. 73. The Vice-President of the Republic shall be the President of
the Senate, but he shall vote only in case that the votes of the
Senators are equally divided.
ART. 74. In case of temporary or permanent absence of the President of
the Republic, the Vice-President shall act in his place. If the absence
is permanent, the Acting President shall continue in office until the
end of the presidential term.
ART. 75. The Vice-President shall receive from the State a salary which
may be changed at any time, but the change shall not go into effect
until the next following presidential term.
TITLE IX
THE SECRETARIES OF STATE
ART. 76. For the transaction of the executive business the President of
the Republic shall have as many Secretaries of State as the law may
determine, and no one shall be a Secretary of State who is not a Cuban
citizen in the full enjoyment of his civil and political rights.
ART. 77. All decrees, orders and decisions of the President of the
Republic shall be counter-signed by the secretary of State to whom the
matter corresponds. Without this signature no decree, order or decision
of the President shall have binding force nor shall it be obeyed.
ART. 78. The secretaries of state shall be personally responsible for
the measures signed by them, and jointly and severally for the measures
agreed upon or authorized by them at a cabinet meeting. This
responsibility does not exclude the personal and direct responsibility
of the President of the Republic.
ART. 79. The secretaries of state shall be impeachable before the Senate
by the House of Representatives in the cases mentioned in the second
paragraph of article 47.
ART. 80. The secretaries of state shall receive from the State a salary,
which may be changed at any time, but the change shall not go into
effect until the next following presidential term.
TITLE X
THE JUDICIAL POWER
SECTION FIRST
THE EXERCISE OF THE JUDICIAL POWER
ART. 81. The judicial power is vested in a Supreme Court of Justice and
in all the other tribunals which may be established by law. The law
shall regulate the respective organization and powers of these
tribunals, the manner of exercising their powers, and the qualifications
required of the judicial functionaries.
SECTION SECOND
THE SUPREME COURT OF JUSTICE
ART. 82. To be Chief Justice or Associate Justice of the Supreme Court
the following qualifications shall be required:
1. To be a Cuban by birth.
2. To be over thirty-five years of age.
3. To be in the full enjoyment of civil and political rights and not to
have been condemned to any corporal punishment for common offenses.
4. To have in addition to the foregoing qualifications any one of the
following:
To have practiced in Cuba, during ten years at least, the profession of
lawyer; or have discharged for the same length of time judicial
functions, or have taught law for the same number of years in an
official establishment.
The following persons are also eligible for the positions of Chief
Justice or Associate Justices of the Supreme Court, even if not having
the qualifications set forth in clauses 1, 2, and 3 of this article:
(a) Those who have served in the judiciary of the time determined by law
in a position of equal or immediately inferior category.
(b) Those who, previous to the promulgation of this constitution, served
as justices of the supreme court of the island of Cuba.
The time of service in the judiciary shall be computed as time of
practice of law for the purpose of qualifying the lawyers to be
appointed justices of the supreme court.
ART. 83. The Supreme Court shall have the following powers, in addition
to those already vested or hereafter to be vested in it:
1. To take cognizance of cases on a writ of error.
2. To decide conflicts of jurisdiction between courts immediately
inferior to it, or not having a common superior.
3. To take cognizance of the cases to which the State on the one side
and the provinces or municipalities on the other, are parties.
4. To decide as to the constitutionality of the laws, decrees, and
regulations when a question of that effect is raised by any party.
SECTION THIRD
GENERAL RULES REGARDING THE ADMINISTRATION
OF JUSTICE
ART. 84. Justice shall be administered gratuitously throughout the
entire territory of the Republic.
ART. 85. The courts shall take cognizance of all cases, whether civil,
criminal, or between the Government and private parties.
ART. 86. No judicial commissions or extraordinary tribunals, no matter
under what name, shall ever be created.
ART. 87. No functionary of the judicial order shall be suspended or
removed from his office except for crime or any other grave cause, fully
proven, and always after being heard. Nor shall he be transferred
without his consent to any other place, unless it is for the manifest
benefit of the public service.
ART. 88. All judicial functionaries shall be personally responsible, in
the manner and form determined by law, for the violations of law which
they may commit.
ART. 89. The salaries of judicial functionaries shall not be changed
except at the end of periods of more than five years, and by means of a
law. The law, however, shall not give different salaries to positions
whose rank, category, and functions are equal.
ART. 90. The courts for the forces of land and sea shall be governed by
a special organic law.
TITLE XI
THE PROVINCIAL GOVERNMENT
SECTION FIRST
GENERAL PROVISIONS
ART. 91. A province consists of the municipal districts established
within its limits.
ART. 92. Each province shall have a governor and a provincial council
elected directly by the people, in the manner and form established by
law.
The number of councilors in each province shall not be less than eight
nor more than twenty.
SECTION SECOND
THE PROVINCIAL COUNCILS AND THEIR POWERS
ART. 93. The provincial councils shall have the following powers:
1. To resolve upon matters concerning the provinces which, under the
constitution, treaties or laws, are not within the general jurisdiction
of the State or the exclusive jurisdiction of the municipal councils.
2. To frame the budget of their expenses, providing at the same time for
the necessary revenue to meet them, provided that this is done in a
manner not inconsistent with the system adopted by the State.
3. To contract loans for public works of provincial interest, provided
that at the same time sufficient revenue is raised to meet the payment
of interest and principal when due.
Such loans shall not be carried into effect unless they are approved by
two-thirds of the municipal councils of the province.
4. To impeach before the Senate the governor of their respective
province, in the case set forth in paragraph 3 of article 47, when
two-thirds of the total number of provincial councilors decide in secret
session that this should be done.
5. To appoint and remove, according to law, the provincial employes.
ART. 94. The provincial councils shall have no power to diminish or
abolish revenue of permanent character without creating at the same time
other revenue to take its place, except in case that the decrease or
suppression is due to the decrease or suppression of equivalent
permanent expenses.
ART. 95. The resolutions of the provincial councils shall be sent to the
governor of the province. If approved, they shall be signed by him; if
not, they shall be returned with his objections to the council, wherein
the subject shall be again discussed. If after the second discussion the
resolution is approved by two-thirds of the total number of councilors
it shall become a law.
If the governor does not return the resolution within ten days from the
date of reference it shall be considered approved and shall become a
law.
ART. 96. The resolutions of the provincial councils may be suspended by
the governor of the province or by the President of the Republic,
whenever, in their opinion, they are contrary to the constitution, the
laws, or any resolutions passed by the municipal councils in due
exercise of their functions; but the right to take cognizance of and
pass upon the claims which may arise out of the said suspension shall be
reserved to the courts of justice.
ART. 97. Neither the provincial councils not any section or committees,
selected from their members or from persons not members thereof, shall
intervene in matters belonging to any class of elections.
ART. 98. The provincial councilors shall be personally responsible
before the courts in the manner determined by law for whatever may be
done by them in the exercise of their functions.
SECTION THIRD
THE GOVERNORS OF PROVINCES AND THEIR POWERS
ART. 99. The governors of provinces shall have the following powers:
1. To comply and cause others to comply, as far as their provinces are
concerned, with the laws, decrees, and general rules and regulations of
the nation.
2. To publish such resolutions of the provincial councils as have force
of law, and comply and cause others to comply with them.
3. To issue orders, instructions, and rules for the proper execution of
the resolutions of the provincial council, if the latter has not done so
already.
4. To call the provincial councils to convene in extra session whenever
in his own judgment the same may be necessary. The subjects to be
discussed in this session shall be set forth in the call.
5. To suspend the resolutions of the provincial and municipal councils
in the cases set forth in this constitution.
6. To order the suspension of mayors, in case they have exceeded their
powers, violated the constitution or the laws, acted in contravention to
the resolutions of the provincial councils, or failed to do their duty.
The suspension shall be reported to the provincial council in the manner
and form established by law.
7. To appoint and remove the employes of their offices in the manner
provided by law.
ART. 100. The governors shall be responsible before the Senate in the
cases set forth in this constitution, and before the courts of justice,
according to the provisions of the law, in all other classes of
offenses.
ART. 101. The governors shall receive from the provincial treasury a
salary, which may be changed at any time, but the change shall not take
effect until after a new governor's election is held.
ART. 102. In case of temporary or permanent vacancy of the position of
governor of the province, the president of the provincial council shall
act in his place. If the vacancy is permanent, the acting governor
shall continue in the discharge of his duties as such until the end of
the term.
TITLE XII
THE MUNICIPAL GOVERNMENT
SECTION FIRST
GENERAL PROVISIONS
ART. 103. The municipal districts shall be governed by municipal
councils, consisting of aldermen or councilors directly elected by the
people, in the number and in the manner provided by law.
ART. 104. There shall be in each municipal district a mayor elected by
the people by direct vote in the manner and form established by law.
SECTION SECOND
THE MUNICIPAL COUNCILS AND THEIR POWERS
ART. 105. The municipal councils shall have the following powers:
1. To resolve on all matters exclusively relating to their own municipal
districts.
2. To prepare the budget of their expenses, providing at the same time,
on condition, however, that this is done in a manner consistent with the
general system of taxation of the Republic.
3. To resolve on the negotiation of loans, providing at the same time
the permanent revenue necessary to meet the interest and principal when
due.
In order that these loans may be carried into effect, they shall have to
be approved by two-thirds of the electors of the municipal district.
4. To appoint and remove the municipal employes in the manner
established by law.
ART. 106. The municipal councils shall not decrease or suppress any
revenues of permanent character without establishing at the same time
some other revenues which may take their place, except in case the
decrease or suppression is due to the decrease or suppression of the
equivalent permanent expense.
ART. 107. The resolutions of the municipal councils shall be referred to
the mayor. If approved by him, they shall be authorized with his
signature; if not, they shall be returned, with his objections, to the
municipal council, wherein they shall be again discussed. If, after a
second discussion, two-thirds of the total number of councilors vote in
favor of the resolution it shall become a law.
When the mayor does not return the resolution, within ten days after the
date of reference, it shall be considered approved and become a law.
ART. 108. The resolutions of the municipal councils may be suspended by
the mayor, the governor of the province, or the President of the
Republic, when in their opinion they are contrary to the constitution,
the treaties, the laws, or the resolutions passed by the provincial
councils within the sphere of their powers. But the right to take
cognizance and pass upon the claims which may arise out of said
suspension shall be reserved to the courts of justice.
ART. 109. The members of the municipal councils shall be personally
responsible before the courts of justice, in the manner and form
established by law, for the acts done by them in the performance of
their duties.
SECTION THIRD
THE MAYORS AND THEIR POWERS AND DUTIES
ART. 110. Mayors shall have power:
1. To publish such resolutions of the municipal councils as may have
force of law, and execute and cause the same to be executed.
2. To administer the municipal affairs, issuing orders and instructions
as well as rules for the better execution of the resolutions of the
municipal councils, whenever the latter may fail to do so.
3. To appoint and remove the employes of their respective offices in the
manner provided by law.
ART. 111. The Mayors shall be personally responsible before the courts
of justice, in the manner prescribed by law, for all acts performed by
them in the discharge of their functions.
ART. 112. Each Mayor shall receive a salary, to be paid by the municipal
treasury, which may be changed at any time; but such change shall not
take effect until after a new election for Mayor has been held.
ART. 113. In case of vacancy, either temporary or permanent, of the
office of Mayor, the president of the municipal council shall act as
Mayor.
Should the absence be permanent, the substitute shall act until the end
of the term for which the Mayor was elected.
TITLE XIII
THE NATIONAL TREASURY
ART. 114. All property existing within the territory of the Republic not
belonging to provinces, municipalities or private individuals or
corporations, shall belong to the State.
TITLE XIV
AMENDMENTS TO THE CONSTITUTION
ART. 115. The Constitution shall not be amended, in whole or in part,
except by resolution passed by two-thirds of the total number of members
of each House of Congress.
Six months after the resolution to amend the Constitution has been
passed, a constitutional convention shall be called to assemble for the
exclusive and specific purpose of either approving or rejecting the
amendment. Each House shall, in the meantime, continue to perform its
duties with absolute independence of the convention.
Delegates to the said convention shall be elected by each province at
the rate of one for every fifty thousand inhabitants, in the manner that
may be provided by law.
TRANSIENT PROVISIONS
First. The Republic of Cuba does not recognize any other debts or
obligations than those legitimately contracted in favor of the
revolution by commanders of bodies of the liberating army, subsequent to
the twenty-fourth day of February, eighteen hundred and ninety-five, and
prior to the nineteenth day of September of the same year, on which date
the Jimaguayu Constitution was promulgated; and the debts and
obligations contracted afterward, by the revolutionary government,
either by itself or through its legitimate representatives in foreign
countries. Congress shall examine said debts and obligations and decide
upon the payment of those which are found legitimate.
Second. Persons born in Cuba, or children of native-born Cubans, who, at
the time of the promulgation of this Constitution, are citizens of any
foreign nation shall not enjoy the rights of Cuban nationality without
first renouncing expressly the foreign citizenship.
Third. The time of service of foreigners in the wars of independence of
Cuba shall be counted as time of naturalization and residence, for the
acquisition of the right granted to naturalized citizens in article 49.
Fourth. The basis of population established in relation to the election
of representatives in Congress, and of delegates to the constitutional
convention, in articles 48 and 115, may be changed by law whenever, in
the judgment of Congress, the change becomes necessary through the
increase in the number of inhabitants, shown by censuses to be
periodically taken.
Fifth. At the time of the first organization of the Senate, the Senators
shall be divided into two groups for the purpose of their renewal.
Those forming the first group shall cease in their duties at the
expiration of the fourth year, and those forming the second group at the
expiration of the eighth year. It shall be decided by lot which of the
two Senators from each province shall belong to either group.
The law shall provide the method to be followed in the formation of the
two groups into which the House of Representatives shall be divided for
the purpose of its partial renewal.
Sixth. Ninety days after the promulgation of the electoral law, which
shall be framed and adopted by the constitutional convention, an
election shall be held of the public functionaries provided by the
Constitution, to whom the transfer of the Government of Cuba, in
conformity with the provisions of Order No. 301 of Headquarters Division
of Cuba, dated July twenty-fifth, nineteen hundred, is to be made.
Seventh. All laws, decrees, regulations, orders and other provisions
which may be in force at the time of the promulgation of this
Constitution shall continue to be observed, in so far as they do not
conflict with the said Constitution, until legally revoked or amended.
Hall of sessions of the Constitutional Convention, Havana, February
twenty-first, nineteen hundred and one.
The Constitutional Convention, acting in conformity with the order of
the Military Governor of the island, of July 25, 1900, by which it was
called to assemble, resolves to attach, and does hereby attach to the
Constitution of the Republic of Cuba adopted on February twenty-first
ultimo, the following.
APPENDIX
ARTICLE I. The Government of Cuba shall never enter into any treaty or
other compact with any foreign power or powers which will impair or tend
to impair the independence of Cuba, nor in any way authorize or permit
any foreign power or powers to obtain by colonization or for military or
naval purposes, or otherwise, lodgment in or control over any portion of
said island.
ART. II. That said Government shall not assume or contract any public
debt to pay the interest upon which, and to make reasonable sinking-fund
provision for the ultimate discharge of which, the ordinary revenues of
the island, after defraying the current expenses of Government, shall be
inadequate.
ART. III. That the Government of Cuba consents that the United States
may exercise the right to intervene for the preservation of Cuban
independence, the maintenance of a government adequate for the
protection of life, property, and individual liberty, and for
discharging the obligations with respect to Cuba imposed by the Treaty
of Peace on the United States, now to be assumed and undertaken by the
Government of Cuba.
ART. IV. That all acts of the United States in Cuba during its military
occupancy thereof are ratified and validated, and all lawful rights
acquired thereunder shall be maintained and protected.
ART. V. That the Government of Cuba will execute, and, as far as
necessary, extend the plans already devised, or other plans to be
mutually agreed upon, for the sanitation of the cities of the island, to
the end that a recurrence of epidemic and infectious diseases may be
prevented, thereby assuring protection to the people and commerce of
Cuba, as well as to the commerce of the southern ports of the United
States and the people residing therein.
ART. VI. That the Isle of Pines shall be omitted from the proposed
constitutional boundaries of Cuba, the title thereto being left to
future adjustment by treaty.
ART. VII. That to enable the United States to maintain the independence
of Cuba, and to protect the people thereof, as well as for its own
defence, the Government of Cuba will sell or lease to the United States
lands necessary for coaling or naval stations, at certain specified
points, to be agreed upon with the President of the United States.
ART. VIII. That, by way of further assurance, the Government of Cuba
will embody the foregoing provisions in a permanent treaty with the
United States.
Hall of sessions, June twelfth, nineteen hundred and one.