ment mutuel à cet effet, et dans les provinces par un tribunal compétent quelconque. Fait à Constantinople, le 10 Octobre, 1861. (L.S.) G. ERREMBAULT DE DUDZEELE. (L.S.) E. SAFVET. (L.S.) MEHEMMED DJEMIL. CONSTITUTION of the Free and Hanseatic City of Hamburgh. Hamburgh, September 28, 1860. (Translation.) SECTION 1.-General Enactments. ART. I. The city of Hamburg and the territory connected therewith form, under the denomination of "the free and Hanseatic city of Hamburg," an independent separate State of Germany, which is, as such, a member of the German Confederation. The relations of the bailiwick of Bergedorf are reserved for future arrangement. II. Any alienation of territory is equivalent to an alteration of the Constitution, apart from simple boundary regulations, which may be effected by way of legislation (Article LXI). III. Every one who has a legal settlement in the State of Hamburg belongs thereto. IV. The State civic rights can only be exercised by those who possess the civic right in town or country. It is reserved for the Legislature to assign those rights also to others belonging to the State. V. The oath to the Constitution is to be taken on obtaining the civil right in town or country, or any other civic right established by law; the form of the oath is determined by law. VI. The highest state authority belongs to the Senate and the corporation (Bürgerschaft) in common. The legislative power is exercised by the Senate and the corporation; the executive by the Senate, and the judicial by the courts of justice. SECTION 2-The Senate. VII. The Senate consists of 18 members, that is to say, of 9 who have studied the sciences of law or finance, and of 9 other members, of which last at least 7 must belong to the mercantile community. VIII. Every citizen who is eligible for the corporation is also eligible as a member of the Senate, with due reference, however, to Article VII. The restriction contained in the first sentence of Article XXXVI does not apply here. Every one is excluded from election who is related to a member of the Senate in the ascending or descending line, or as brother, uncle, or nephew, or by marriage, as step-father, step-son, father-inlaw, son-in-law, wife's brother, or sister's husband. In cases of relationship by marriage, it makes no difference whether the marriage through which it arose still exists or not. IX. The members of the Senate are elected by the corporation from a selection of two persons. To effect this selection the Senate and the Corporation choose respectively 4 of their members by relative majority of votes as trusty men, who are then sworn to secrecy. The 8 trustees have to make a selection of 4 persons in the following manner: Each trustee specifies the persons who appear to him suitable, and from those so proposed a larger selection is then to be made after careful discussion concerning them. From this larger selection 4 persons are to be chosen for the smaller one by secret voting. The corporation trustees cannot be included in the selection. At least 5 votes are required to include any one in the selection. If these cannot be obtained for 4 candidates after repeated voting, then notice is to be given to the Senate and the corporation that the trustees have not succeeded in making the selection, without stating whether any candidates at all, or how many, have been already chosen for the selection. Eight new trustees are then to be elected as before, 4 by the Senate, and 4 by the corporation, and they are to be sworn. This new commission receives a statement signed by all the members of the first commission, and then sealed up, to be opened by the new one, containing the names of the persons already chosen for the selection; or a communication that no one has obtained the requisite number of votes. The new commission proceeds in the same manner as the first, either to complete the selection, or to make it altogether, as the case may be. Should this second commission also fail to arrive at a satisfactory result, then the two commissions, that is, 8 trustees of the Senate, and 8 of the corporation, unite. These have then to elect the candidates still required. Only one candidate is to be elected at each vote. For this purpose each trustee writes the name of a candidate on a slip of paper. In this the relative majority of the voters is sufficient to include a candidate in the selection. The voting is repeated as often as necessary. When a chosen selection of 4 persons has been made in this manner, it is delivered to the Senate by its Commissioners, without letting it know how the candidates severally have been included in the selection. Of the 4 proposed, the Senate presents two to the corporation, which has to choose one out of those two. If at the election of the second commission of the corporation trustees, a trustee is elected, who is already included in the selection, this does not prevent his taking part in the further formation of the chosen selection. In such a case notice of the circumstance is to be given to the Senate at the delivery of the chosen selection, and if the trustee should be one of the selection which the Senate delivers to the corporation, notice of the fact is also to be given to the latter. The observance of secrecy extends so far that neither the trustees on either side, nor the members of the Senate, may in any way make it known who were the 4 persons included in the selection; so that it is only the two persons in the smaller selection who are known. The election, which is to be made by the corporation immediately after the delivery of the chosen selection, is by means of voting papers. The person who is to be elected must obtain the absolute majority of the votes of the members of the corporation who are present. Upon an equality of votes, another voting takes place, and if this also give an equality, the question is decided by lot. The whole election proceedings take place in one uninterrupted sitting both of the Senate and the corporation. The person elected as member of the Senate must undertake the office, on pain of losing his civic rights in the State, and the right of carrying on any civic business in the city or territory. X. The senators fill their offices for life, with the following restrictions: After holding the office for at least 6 years, every member of the Senate has a right to seek to be relieved from the duty, but without having any claim to a pension. If the retiring member have completed the 60th year of his age, and have filled the office for at least 10 years, then he is to enjoy a pension to the amount of half his honorarium. Every member of the Senate who has passed the 70th year of his is entitled to retire from the Senate with a pension amounting to two-thirds of his honorarium. age XI. The law determines the cases in which a member of the Senate must retire. XII. A vacancy in the Senate is to be regularly filled up within 14 days. XIII. No other public office can be member of the Senate. Members of the united with that of a Senate may continue in another avocation, excepting that of an advocate or a notary, pro vided that the same does not interfere with the discharge of their official duties. XIV. Every member of the Senate must have his regular dwelling in the city, or its immediate environs in Hamburg territory, or must take it up immediately after his election. XV. Every member of the Senate before he enters upon his office, has to bind himself by oath to the faithful performance of its duties, in a joint assembly of the Senate and corporation. XVI. The members of the Senate receive an honorarium to be determined by law. XVII. The Senate elects by secret vote from amongst its members a first and a second burgomaster as Presidents for the space of a year. No burgomaster must act for longer than two years in succession. XVIII. The Senate directs the elections to the corporation and orders the convocation thereof through its Chancery, after its entire or partial renewal, as well as in accordance with Article L, 1. The Senate also has the right of summoning the Civic Committee. XIX. The Senate, as the possessor of the executive power, is the supreme administrative authority; it exercises the supervision over every branch of the administration. To it also belongs the supervision in chief of all the judicial authorities. XX. The Senate has to maintain legal order, and to preserve the security of the State, both within and without. XXI. Within the legal bounds the Senate disposes of the armed force. XXII. The Senate represents the State in its relations with the other parts of Germany and with foreign countries. It conducts. the foreign affairs, carries on the negotiations in reference thereto, appoints the Plenipotentiaries to other States and to the German Confederation. It concludes commercial Treaties and other State Treaties, but has to obtain the assent of the corporation before the ratification thereof. XXIII. The supervision in chief belonging to the State over the civic and religious communities is exercised by the Senate. XXIV. The Senate has the right of mitigating or remitting a sentence by an act of grace. An exception occurs in the cases of Article LIII, in which the Senate can only exercise the right of pardon or mitigation on the application or with the assent of the corporation. An amnesty can only be granted by the Legislature. XXV. The Legislature will determine what superior officials are to be appointed or confirmed by the Senate, or to be elected by it from a chosen selection to be submitted to it by the deputation concerned. Where the Constitution or the Legislature gives no directions thereon, the appointment belongs to the Senate. XXVI. The oaths to the Stato and the obligations in lieu thereof, are to be taken before the Senate, in so far as neither the Constitution nor the laws direct otherwise thereon, XXVII. The members of the Senate are answerable to the State, that neither the Constitution nor the laws of acknowledged validity be violated by their official proceedings. A law will determine with regard to the extent and the enforcement of this liability, and the participation of the corporation in such enforcement, as well as in regard to the competent courts in such cases. Claims by private persons on administrative authorities and official servants are provided for by Article LXXXIX. SECTION 3.-The Corporation (Bürgerschaft). XXIX. Of these 84 members are elected by direct general suffrage and secret vote. In this election all citizens in town and country are called upon to take part who are full 25 years of age, pay a property or income tax, and are not in arrear therewith at the time appointed for the election. The further details and the mode of election are determined by the election-law, XXX. The other 108 members consist; 1. Of 48 landed proprietors as such, who are elected by secret vote by and from among the proprietors of such landed estates in the city or the suburbs, as, according to the land-tax returns, exceed in net value at least the sum of 3,000 marks specie. The electors must be full 25 years of age. The election is by districts according to the special directions of the election-law. 2. Of 60 deputies of the courts, of the deputations and colleges, which according to the Constitution preside over the more important branches of the administration, and of the elders of the incorporated trades assembled as an electing college for this purpose. The election is made by the respective courts, deputations, colleges and elders. The members of the Senate in the deputations and colleges have, however, no vote in this election. The details are determined by the election-law. If new administrative authorities or deputations, for the trades, for example, should hereafter be created by the Legislature, then an enactment will have to be passed respecting their participation in the corporation, and a corresponding further distribution of these 60 deputies among the various electing colleges. XXXI. The following are excluded from the exercise of the suffrage: |