LIBERIA.

The Republic of Liberia had an American origin. It is composed almost exclusively of negroes whom different colonization societies have directed to certain points on the Ivory Coast since 1822. These colonies, situated beside each other, formed a union in 1837 (Commonwealth of Liberia) under Thomas Buchanan, its first governor. But it was not until ten years later that a convention actually met to solemnly proclaim the independence of the new State and give it a Constitution. This Constitution modeled after that of the United States of America bears the date of 26 July 1847 and it was ratified by the people in the following September. At the biennial election held on 7 May 1907, several amendments were adopted by a twothirds vote of the people.1

CONSTITUTION OF 26 JULY 1847,2 AS AMENDED 7 MAY 1907.3

PREAMBLE.

The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquillity, their natural rights, and the blessings of life; and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity, and happiness.

Therefore, we, the people of the Commonwealth of Liberia, in Africa, acknowledging with devout gratitude the goodness of God, in granting to us the blessings of the Christian religion, and political, religious, and civil liberty, do, in order to secure these blessings for ourselves and our posterity, and to establish justice, insure domestic peace, and promote the general welfare, hereby solemnly associate, and constitute ourselves a free, sovereign, and independent State, by the name of the Republic of Liberia, and do ordain and establish this Constitution, for the government of the same.

1 This introductory paragraph is based upon F. R. DARESTE ET P. DARESTE, Les Constitutions modernes (3d edition, Paris, 1910), vol. 11, pp. 656-657.

'Passed at Monrovia by unanimous consent of the people of the Commonwealth. lish text in the British and Foreign State Papers, 35: pp. 1301-14.

Eng

These amendments, which were adopted by a two-thirds vote at the biennial election,

7 May 1907, are here inserted in their proper places. English text in a printed pamphlet in the State Department files (cf. Papers Relating to Foreign Relations of the United States, Washington, 1910, part 2, pp. 831-2).

ARTICLE I.-BILL OF RIGHTS.

SECTION 1.-NATURAL AND INALIENABLE RIGHTS OF ALL MEN.

All men are born equally free and independent, and have certain natural, inherent, and inalienable rights; among which are the rights of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.

SECT. 2.- -ALL THE POWER IS INHERENT IN THE PEOPLE. GOVERNMENT INSTITUTED FOR THEIR BENEFIT.

All power is inherent in the people; all free governments are instituted by their authority, and for their benefit, and they have the right to alter and reform the same when their safety and happiness require it.

SECT. 3.- -RIGHT OF ALL MEN TO WORSHIP GOD ACCORDING TO THE DICTATES OF THEIR OWN CONSCIENCES.

All men have a natural and inalienable right to worship God according to the dictates of their own consciences, without obstruction or molestation from others; all persons demeaning themselves peaceably, and not obstructing others in their religious worship, are entitled to the protection of law, in the free exercise of their own religion, and no sect of Christians shall have exclusive privileges or preference over any other sect; but all shall be alike tolerated; and no religious test whatever shall be required as a qualification for civil office, or the exercise of any civil right.

SECT. 4.-THERE SHALL BE NO SLAVERY WITHIN THIS REPUBLIC.

There shall be no slavery within this Republic. Nor shall any citizen of this Republic, or any person resident therein, deal in slaves, either within or without this Republic, directly or indirectly.

SECT. 5.—THE PEOPLE HAVE A RIGHT TO ASSEMBLE, INSTRUCT REPRESENTATIVES, AND PETITION THE GOVERNMENT.

The people have a right at all times, in an orderly and peaceable manner to assemble and consult upon the common good, to instruct their representatives, and to petition the government, or any public functionaries for the redress of grievances.

SECT. 6.-JUSTICE WITHOUT DENIAL. TRIAL BY JURY. HEARD IN PERSON OR BY COUNSEL, &C.

Every person injured shall have remedy therefor, by due course of law; justice shall be done without sole denial or delay; and in all

cases, not arising under martial law or upon impeachment, the parties shall have a right to a trial by jury, and to be heard in person or by counsel, or both.

SECT. 7.-HELD TO ANSWER, IN WHAT CASE.
AGAINST HIMSELF, &C.

NOT TO GIVE EVIDENCE

No person shall be held to answer for a capital or infamous crime, except in cases of impeachment, cases arising in the army or navy, and petty offences, unless upon presentment by a grand jury; and every person criminally charged, shall have a right to be seasonably furnished with a copy of the charge, to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have a speedy, public, and impartial trial by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself; and no person shall for the same offence be twice put in jeopardy of life or limb.

SECT. 8.-NOT DEPRIVED OF LIFE, LIBERTY, &C., BUT BY JUDGMENT OF PEERS OR THE LAW OF THE LAND.

No person shall be deprived of life, liberty, property, or privilege, but by judgment of his peers, or the law of the land.

SECT. 9.-NO PLACES SEARCHED, UNLESS UPON WARRANT LAWFULLY ISSUED.

No place shall be searched, nor person seized, on a criminal charge or suspicion, unless upon warrant lawfully issued, upon probable cause supported by oath, or solemn affirmation, specially designating the place or person, and the object of the search.

SECT. 10.-EXCESSIVE BAIL NOT REQUIRED. CONTRACTS, &C., NOT IMPAIRED. NO EX POST FACTO LAW.

Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishments inflicted. Nor shall the legislature make any law impairing the obligation of contracts; nor any law rendering any act punishable, in any manner in which it was not punishable when it was committed.

SECT. 11.-ELECTION BY BALLOT. QUALIFICATION FOR SUFFRAGE.

All elections shall be by ballot; and every male citizen of 21 years of age, possessing real estate, shall have the right of suffrage.

SECT. 12.-TO KEEP AND BEAR ARMS. MILITARY SUBORDINATION TO THE CIVIL AUTHORITY.

The people have a right to keep and to bear arms for the common defence. And as in time of peace, armies are dangerous to liberty,

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they ought not to be maintained, without the consent of the legisla ture; and the military power shall always be held in exact subordination to the civil authority, and be governed by it.

SECT. 13.-PRIVATE PROPERTY NOT TO BE TAKEN FOR PUBLIC USE WITHOUT, &C.

Private property shall not be taken for public use without just compensation.

SECT. 14.-GOVERNMENT, POWERS DIVIDED. NOT TO INCLUDE JUSTICES OF THE PEACE.

The powers of this government shall be divided into three distinct departments: legislative, executive, and judicial; and no person belonging to one of these departments shall exercise any of the powers belonging to either of the others. This section is not to be construed to include justices of the peace.

SECT. 15.-LIBERTY OF THE PRESS NOT RESTRAINED.

SPEAK, WRITE, AND

PRINT BEING RESPONSIBLE; INDICTMENTS FOR LIBELS; JURY DETERMINE LAW AND FACTS, &C.

The liberty of the press is essential to the security of freedom in a State; it ought not, therefore, to be restrained in this Republic.

The printing press shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions, is one of the invaluable rights of man, and every citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.

In prosecutions, for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

SECT. 16.-NO IMPOST OR DUTIES WITHOUT THE CONSENT OF THE PEOPLE OR THEIR REPRESENTATIVES.

No subsidy, charge, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature.

SECT. 17. LEGISLATURE TO DIRECT WHAT SUITS AND HOW BROUGHT AGAINST THE REPUBLIC.

Suits may be brought against the Republic in such manner, and in such cases as the legislature may by law direct.

SECT. 18.—WHO ARE SUBJECT TO THE LAW MARTIAL, &C.

No person can, in any case, be subjected to the law martial, or to any penalties. or pains, by virtue of that law (except those employed in the army or navy, and except the militia in actual service) but by the authority of the legislature.

SECT. 19.-RIGHT OF THE PEOPLE TO CAUSE THEIR PUBLIC OFFICER TO

RETURN TO PRIVATE LIFE.

In order to prevent those who are vested with authority from becoming oppressors, the people have a right at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life, and to fill up vacant places, by certain and regular elections and appointments.

SECT. 20.-PRISONERS BAILABLE. WRIT OF HABEAS CORPUS, BENEFIT OF, &C.

That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or presumption great; and the privilege and benefit of the writ of habeas corpus shall be enjoyed in this Republic, in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding 12 months.

ARTICLE II.-LEGISLATIVE POWERS.

SECT. 1.-LEGISLATURE TO CONSIST OF TWO BRANCHES. STYLE OF EN

ACTMENTS.

That the legislative power shall be vested in a legislature of Liberia, and shall consist of two separate branches, a House of Representatives and a Senate, to be styled the legislature of Liberia, each of which shall have a negative on the other, and the enacting style of their acts and laws shall be: "It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled."

SECT. 2. -HOUSE OF REPRESENTATIVES.

NUMBER AND QUALIFICATION OF

MEMBERS. TERM OF SERVICE.

The representatives shall be elected by and for the inhabitants of the several counties of Liberia, and shall be apportioned among the several counties of Liberia, as follows: The county of Montserrado shall have 4 representatives, the county of Grand Bassa shall have 3, and the county of Sinoe shall have 1, and all counties hereafter