CHAPTER VI.

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.

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