Page images
PDF
EPUB

IV. The exercise of the said rights is suspended:

1. For not having a residence, business, or known means of living.

2. For being criminally indicted.

3. For not being enrolled in the local militia, and having no legitimate cause of exemption.

V. Domiciliation is acquired by continual residence in the State for one year, exercising therein some art, profession or calling.

VI. Domiciliation is lost by removing to another place out of the State, breaking up the household, trade or business established therein.

Individual Guarantees.

VII. Every inhabitant of the State, whether national or foreign, has the following rights:

1. Not to be arrested unless by warrant or order of the com petent magistrate given in writing and signed, nor apprehended by direction of the Governor otherwise than in the manner indicated in the powers of that officer; excepting in the case of flagrante delicto, when any one may seize the wrong-doer and take him immediately before the proper magistrate.

2. Not to be detained without an express order given and signed by the competent magistrate who apprehends him; nor to remain in detention more than 24 hours without receiving his preparatory declaration, nor 48 hours without receiving the document explaining the cause of his imprisoment.

3. Nor yet to remain in prison, nor without communication, for more than 6 days without having his declaration and statements taken, nor to be kept again without communication after this last proceeding.

4. Not to be tried by commission, but by the competent tribunal established by law.

5. Not to be tried or sentenced by judges established or by laws passed since the act which caused the suit, or the institution of the proceedings.

6. To settle his disputes by means of arbitrators.

7. Not to be obliged to do what the law does not order him, nor to do what it does direct, except in the manner and form that it determines, nor to pay any tax not decreed by the Congress of the State.

8. Not to be prevented from doing what the laws do not prohibit.

9. To be able to print and circulate his ideas without need of previous censure: being subject to the penalties of the law for any abuses he may commit.

10. To be able to acquire real property in town or country, and to apply himself to any branch of industry.

11. Not to have his dwelling-house, correspondence, or papers searched, unless by order of the competent magistrate, and with the formalities required by law.

12. To petition freely and with moderation for the observance of the constitution and laws.

VIII. The judges of first instance will protect in the enjoyment of the rights guaranteed in the preceding Article, those who petition for protection against any functionaries who may not comply with the judicial orders, and will decide briefly and summarily upon questions arising out of the aforesaid matters.

IX. Any infringement of the above-mentioned rights, committed by the magistrates, will be taken cognizance of by their respective superiors with the same readiness as mentioned in the preceding Article, remedying at once the evil complained of, and bringing to immediate trial the violator of the aforesaid guarantees.

Of the Public Power of the State.

X. The public power of the State is divided for its exercise into legislative, executive, and judicial, and neither can these three nor any two of them ever be united in one single body or person.

Legislative Power.

XI. The legislative power is lodged in two Chambers, one of Deputies, the other of Senators.

Chamber of Deputies.

XII. The Chamber of Deputies shall be composed of the citizens appointed for that office by the divisions of the State; one being chosen by every 35,000 souls, or for a fraction exceeding the moiety of that number.

The divisions which do not contain the former number shall unite with the nearest, in order to appoint their respective Deputies together.

XIII. The election of the Deputies shall be by direct popular suffrage, and to facilitate it the parishes shall be divided into sections containing from 1,000 to 2,000 souls.

XIV. At the electoral meetings of the sections, the citizens domiciled therein shall elect on the 1st of June, every two years, a scrutineer and the Deputies belonging to the respective divisions, and this must be done by voting papers only.

XV. When the voting is over, the citizen who has obtained the greatest number of votes for that office shall be declared scrutineer in his respective section; then the votes given therein for the Depu

ties shall be reckoned up, and a circumstancial account of the result shall be given in the report which has to be transmitted immediately to the chief place of the division.

XVI. On the first Sunday in July next following, the scrutineers shall assemble in the chief place of their division, shall make a scrutiny of all the suffrages given in the parochial sections thereof for Deputies, and shall declare those elected who shall have gained the highest number of votes; he who has most votes is to be declared first Deputy; he who is next in majority, second; and so of the others.

XVII. To be a Deputy it is necessary to be a citizen in the exercise of his rights, of the secular condition, and to have been born in the territory of the State; to have been domiciled for a year, to be full 25 years of age at the time of the election, and to have a capital or business which produces an annual income of 400 dollars.

He who may be a native of any other part of the Republic, besides possessing the aforesaid requisites, must have been domiciled for 3 years, with continual residence in the State; a foreigner married to a Yucatecan woman must have been domiciled for 5 years, and must possess landed property to the value of 2,000 dollars free from all pecuniary responsibility; and the foreigner not married, 4,000 dollars and 8 years' domiciliation with continued residence.

XVIII. The functionaries who exercise political or judicial authority, the Secretaries of State, the Attorney-General of the Supreme Court of Justice, the Treasury and War-Office officials, and others appointed by the Government, cannot be Deputies.

XIX. A special law will determine the qualifications of the voters and scrutineers, and all the rest relating to the election of Deputies.

Chamber of Senators.

XX. This Chamber shall be composed of two Senators for each department, and their election shall also be by direct popular suffrage.

XXI. The Senators shall be elected at the same electoral meetings, on the same day and in the same manner as the Deputies, by the citizens domiciled in the parochial sections, but this election shall be made by separate voting-papers, and a separate report of the result shall be drawn up, to be sent immediately to the chief place of the department.

XXII. The scrutineers appointed by the parochial sections, after having declared the Deputies elected for their division, shall elect on the same day from among themselves 5 persons who shall go to the chief place of the department to perform the scrutiny of the votes given for Senators in all the sections thereof.

XXIII. The departmental scrutineers shall meet on the last Sunday in July, every two years, at the chief place of their depart

ment, and after a proper scrutiny, with the reports of the elections. from the parochial sections before them, shall declare the two who have obtained the greatest number of votes for Senators, elected as such.

XXIV. To be a Senator it is requisite to be a citizen in the enjoyment of his rights, and born in the territory of the State, to have been domiciled a year, to be full 30 years of age at the time of the election, and to have a capital, profession, or business, which produces an income of 600 dollars a-year.

A native of the other States must, in addition to the abovenamed requisites, have been domiciled for 3 years with continual residence; a foreigner married to a Yucatecan woman must have been domiciliated for 5 years, and possess landed property amounting to 3,000 dollars, free from all pecuniary responsibility; and the foreigner, not married, 6,000, and 8 years' domiciliation with continual residence.

XXV. None of those included in Article XVIII can be Senators, nor yet the bishop, his vicar-general, rectors, parsons, or prebendaries.

XXVI. The provision made in Article XIX of this Constitution will apply to the Senators.

Installation of the Chambers and duration of their Sessions.

XXVII. From the 20th to the 31st of August every two years, the newly-elected Deputies and Senators shall hold in the capital such meetings as they may consider necessary for the examination of their respective elections; each Chamber having to decide exclusively on the legality of the elections of the members who compose it.

XXVIII. When the election of a Deputy or Senator has been condemned, the respective Chamber shall summon in his place that one, of those who were not declared elected, who received the greatest number of votes at the last elections of his division or department. The same course shall be taken when there is a vacancy from any other cause.

XXIX. The ordinary sessions of the Legislative body shall begin on the 1st of September, in each year, and shall continue till the 16th of November; the two Chambers shall assemble together for the opening and closing proceedings, and the person charged with the Government of the State is to take part therein.

XXX. The regulations for the internal government of the Chambers will determine the days and hours of their sessions, and the manner and form in which they are to proceed both with regard to the matters which are within the competency of the two, and the arrangements which belong to each of them.

Framing the Laws.

XXXI. The initiative of the laws and decrees for matters of every kind belongs to every one of the Deputies and Senators in their respective Chambers; to the person charged with the government of the State in either of them; and to the Supreme Court of Justice only for the correction of the defects of the civil and criminal legislation, or for the improvement of the judicial proceedings.

XXXII. The Deputies and Senators cannot be taken to task, at any time or in any case, for the opinions expressed in the performance of their duties.

XXXIII. To vote any law or decree two-thirds of the number of persons composing each Chamber must be present, half the number and one more for the resolutions peculiar to each of them, and of the two assembled together for the election of the persons who have to exercise the Executive Power, of those of the Council of State, and of the 12 mentioned in Article XLI.

As a general rule the voting shall be decided by the absolute majority of votes.

XXXIV. The projects of law or decree approved by both Chambers shall be transmitted to the Government of the State, which, if it sanctions them will cause them to be published and circulated for their due fulfilment. But if within 10 days of having received them the Government should return them with observations to the Chamber from whence they came, they shall be examined again by the two co-legislative bodies, which shall not be understood to insist upon them unless they reproduce them by the vote of two-thirds of their members present. If they be so reproduced the Government shall order that they be published as laws or decrees. The Government shall be obliged to do the same if it allows the aforesaid term of 10 days to pass without returning them. to the Chamber where they originated.

XXXV. If the Government should propose any reform in the observations referred to in the foregoing Article, and the Congress should adopt it by the vote of two-thirds of the members present in each Chamber, the law or decree may be reproduced without further variation than the aforesaid, and in the terms proposed by the Government, which cannot then refuse its sanction.

Faculties of the Legislative Power.

XXXVI. The Legislative Power has the right:

1. To pass the laws for the regulation of the public administration in all and each of its branches, as well as those relative to the civil and political rights of the inhabitants of the State.

« PreviousContinue »