CONSTITUTION OF THE ORANGE FREE STATE.
_Chapter I.--Citizenship._
SECTION I.--How Citizenship is Obtained.
1. Burghers of the Orange Free State are:
(_a_) White persons born from inhabitants of the State both before and
after 23 February, 1854.
(_b_) White persons who have obtained burgher-right under the
regulations of the Constitution of 1854 or the altered Constitution of
1866.
(_c_) White persons who have lived a year in the State and have fixed
property registered under their own names to at least the value of £150.
(_d_) White persons who have lived three successive years in the State
and have made a written promise of allegiance to the State and obedience
to the laws, whereupon a certificate of citizenship (burghership) shall
be granted by the Landrost of the district where they have settled.
(_e_) Civil and judicial officials who, before accepting their offices,
have taken an oath of allegiance to the State and its laws.
SECTION II.--How Citizenship is Lost.
Citizenship in the Orange Free State is lost by:
(_a_) Obtaining citizenship in a foreign country.
(_b_) Taking service without consent of the President in foreign
military service, or accepting commission under a foreign government.
(_c_) Fixing one's residence outside the country with an evident
intention of not returning to this State. This intention shall be
considered to be expressed when a man settles in a foreign country
longer than two years.
_Chapter II.--Burgher Service._
2. All burghers as soon as they have reached the full age of 16 years,
and all who have obtained burgher-right at a later age, are obliged to
have their names inscribed with the Field-Cornet, under whom they have
their place of residence, and are subject to burgher service to the full
age of 60 years.
_Chapter III.--Qualifications of those Entitled to Vote._
3. All burghers who have reached the age of 18 years are qualified to
exercise the right of voting for the election of Field-Commandants and
Field-Cornets.
4. All burghers of full age are qualified for the election of members of
the Volksraad and of the President:
(_a_) Who have been born in the State.
(_b_) Who have unburdened fixed property under their names to the value
of at least £150.
(_c_) Who are hirers of fixed property, which has at least a yearly rent
of £36.
(_d_) Who have at least a fixed yearly income of £200.
(_e_) Who are owners of movables to a value of at least £300, and have
lived at least three years in the State.
_Chapter IV.--Duties and Powers of the Volksraad._
5. The highest legislative power rests with the Volksraad.
6. This Council (Raad) shall consist of a member for each Field-Cornetcy
of the various districts, and of a member for each principal town of a
district. This Council is chosen by majority of votes by the
enfranchised inhabitants of each ward of each principal town of a
district.
7. Every burgher is eligible as member of the Volksraad, who has never
been declared guilty of crime by any jury, nor been declared bankrupt
or insolvent, his residence being within the State, has reached an age
of at least 25, who also possesses fixed property of at least £500 in
value.
8. A member of the Raad ceases to be such in any of the following cases:
(_a_) If he neglects to come to the Raad during two successive yearly
sessions.
(_b_) If he loses one or more of the qualifications as required in
Article 7.
9. Members of the Volksraad are chosen for four successive years, and
are re-eligible at the end of the period.
The half shall withdraw after two years, and the first half be regulated
by lot.
10. The Volksraad in its yearly meetings chooses a Chairman out of its
own members.
11. The Chairman of the Volksraad shall decide in case of an equality of
votes.
12. Twelve members shall make a quorum.
13. The Volksraad makes the laws, regulates the government and finances
of the country, and shall assemble for that purpose at Bloemfontein once
a year (viz., on the first Monday of May).
14. The Chairman shall be able to summon an extraordinary session of the
Raad according to the state of affairs.
15. The laws made by the Volksraad shall have force of law two months
after the promulgation, and shall be signed by the Chairman or by the
President, saving always the right of the Raad to fix a shorter or
longer limit of time. The members of the Raad shall, as much as
possible, make the laws which have been passed, known and clear to their
own public.
16. In case of insolvency, or if any sentence of imprisonment is passed
against the President, the Volksraad shall be able to dismiss him at
once.
17. (_a_) The Volksraad shall have the right to try the President and
public officials for treason, bribery and other high crimes.
(_b_) The President shall not be condemned without the agreement of
three to one of the members present.
(_c_) He shall not be condemned without the full Raad being present, or
at least without due notice being given, to give all the members
opportunity to be present.
(_d_) If a quorum is summoned, and is unanimously of opinion that the
President is guilty of one of the above-mentioned crimes, they shall
have the power to suspend him, and to make provisional arrangements to
fulfill the duties of his office. But in that case they shall be obliged
to call the whole Raad together to judge him.
(_e_) The members of the Volksraad shall take their oath at the
commencement of said examination.
(_f_) In case the President should come to die, or should resign his
post, or be discharged, or become unfit for the discharge of his office,
the Volksraad shall be empowered to appoint one or more persons to act
in his place until such unfitness cease or another President is chosen.
(_g_) The sentence of the Volksraad in such cases shall have no further
effect than discharge from their office, and the declaration of
unfitness ever to hold any post under the Government. But the persons so
sentenced shall none the less be liable to be judged according to the
law.
18. The Volksraad reserves the right to examine the election lists of
members for the Volksraad itself, and to declare if the members have
been duly and legally elected or not.
19. The Volksraad shall have regular minutes of its transactions kept,
and from time to time publish the same, such articles excepted as ought
in their judgment to be kept back.
20. The agreement or disapproval of the various members on any question
put to the vote must, on the request of one-fifth of members present, be
inscribed in the minutes.
21. The public shall be admitted to attend the consultations of the
Volksraad and to take notice of the transactions, except in special
cases where secrecy is necessary.
22. The Volksraad shall make no laws preventing free assembly of the
inhabitants, to memorialize the Government, to obtain assistance in
difficulties, or to get an alteration in some laws.
23. The furtherance of religion and education is a subject of care for
the Volksraad.
24. The Dutch Reformed Church shall be assisted and supported by the
Volksraad.
25. The Volksraad shall have the power to pass a burgher or commando law
for the protection and safety of this land.
26. After this Constitution shall have been fixedly determined, no
alteration may be made in the same without the agreement of three-fifths
of the Volksraad, and before such change may be made, a majority of
three-fifths of the votes shall be necessary for the same in two
successive yearly sessions.
27. The Volksraad shall have the power to inflict taxes or to diminish
them, to pay the public debt and to make provision for the general
defence and welfare of the State; similarly to take up money on the
credit of the State, and also to dispose of Government property.
_Chapter V.--Duties, Powers, etc., of the President._
28. There shall be a President.
29. The President shall be chosen by the enfranchised burghers;
however, the Volksraad shall recommend one or more persons to their
choice.
30. The President shall be appointed for five years, and be re-eligible
on resignation.
31. The President shall be the head of the Executive power. The
supervision of all public departments and the execution and regulation
of all matters connected with the public service shall be entrusted to
the President, who shall be responsible to the Volksraad, and whose acts
and deeds shall be subject to an appeal before the Volksraad.
32. The President shall as often as possible visit the towns and give
the inhabitants of the same and of the district an opportunity to bring
forward at the towns matters in which they are interested.
33. The President shall make a report in the yearly assemblage of the
Volksraad about the state of the land and of the public service, shall
assist the same with counsel and advice, and if necessary, lay bills
upon the table, without, however, being able to vote upon the same.
34. The President shall also be able to summon an extraordinary meeting
of the Volksraad.
35. The President shall have the power to fill up all empty posts in the
public offices, which fall vacant between the times of the meeting of
the Volksraad, subject to the ratification of that body.
36. The President shall have the right to suspend public officials.
37. The President with a majority of the Executive Council shall
exercise the right of mercy in all criminal sentences.
38. The President with the consent of the Volksraad declares war and
makes peace.
39. The President shall be able to make conventions, subject to the
consent of the Volksraad.
40. The President shall not be able to make any treaty without consent
of the Volksraad.
41. The President, or any member of the Executive Council, shall have
the right at all times to inspect the state of the finances, as also the
books of the officials.
_Chapter VI.--Executive Council._
42. There shall be an Executive Council, consisting of the Landrost of
the capital, the Secretary of the Government, and three unofficial
members, chosen by the Volksraad, to assist the President with advice
and assistance.
The President shall be the Chairman, and have a decisive vote.
43. The Executive Council shall hold session on the second Monday of
each second month, and at such other times as the President may desire.
44. The Executive Council shall be bound to make a yearly report of its
transactions to the Volksraad.
45. A majority of the Executive Council shall have the right to summon
an extraordinary meeting of the Volksraad.
46. The President and the Executive Council shall have the power of
declaring martial law.
_Chapter VII.--The Judicial Power._
47. The Landrost holds the power of civil commissioner and resident
magistrate.
48. The judicial power is exclusively exercised by the courts of law,
which are established by the law.
49. Legislation also regulates the administration of criminal justice,
as also that in police cases, always understanding, however, that
criminal cases brought in the first instance before the higher Courts
are judged by a jury.
_Chapter VIII.--The Military System._
50. The Field-Cornets shall be chosen by and out of the burghers of
their wards.
51. A Field-Commandant shall be chosen for each district, by and out of
the burghers of the same.
52. The assembled Field-Commandants and Field-Cornets who are united on
a commando shall choose from amongst themselves, in case of war, their
own Commandant-General, which General must then receive his instructions
from the President.
53. The assembled Field-Commandants and Field-Cornets have the right,
during the course of the war, when they have just cause for so doing, to
discharge the Commandant-General who had been chosen by them, and to
appoint another, they being bound in that case to give notice to the
President thereof, who on receipt of such announcement, and on finding
the assigned reasons well founded, fixes the day on which a new election
shall take place.
54. After the war there exists no longer any Commandant-General as such.
55. The Field-Cornets must be resident in their own wards and possess
property therein.
56. The Field-Commandants must be resident in their own districts,
possess fixed property to the amount of £200, and have lived one year in
the country.
_Chapter IX.--Miscellaneous Subjects._
57. The Roman-Dutch law shall be the principal law of this State, where
no other law has been made by the Volksraad.
58. The law is for all alike, always understanding that the judge shall
exercise all laws with impartiality and without respect of persons.
59. Every inhabitant owes obedience to the law and the authorities.
60. Right of property is guaranteed.
61. Personal freedom, provisionally on remaining within the limitations
of the law, is guaranteed.
62. The freedom of the press is guaranteed provisionally on remaining
within the law.