Abbildungen der Seite
PDF
EPUB

number of the senators shall compose a quorum.

56. No member shall leave the senate without the written and formal permission of the senate.

57. The senators are elected for three years, and the body shall be renewed by annual elections of one third each year. The 1st and 2d years the vacancies shall be determined by lot.

to account for what they may say in the senate.

68. The sittings of the senate shall be public, except when there is a necessity of declaring them secret, which shall be done by a majority of the members.

69. The members of the senate shall form themselves into perma. nent committees for the public service, and their duties shall be pre

58. No member shall be elected scribed by the senate. twice in succession.

59. The senate shall commence its sessions the 1st of October of each year.

60. The sessions shall continue from 4 to 5 months.

61. A plurality of voices shall govern, and in case of an equality of votes, the president shall decide.

62. When the president is not a representative, he has no vote, except in case of a division; but when he is a representative, he shall vote in that character, and in case of a division shall also have a casting vote.

63. No representative shall be permitted to hold any other public office, nor to take any part directly or indirectly in the receipt of the public revenue, under pain of losing his seat.

64. The senators shall receive from the public treasury their full pay when they attend the sittings of the senate, and half pay when absent.

65. No senator shall be arrested during the session, nor for 4 months before, nor 4 months after the session; but they may during the vacation be subjected to a judgment.

66. If they shall be condemned to a capital punishment, the judg. ment shall be executory.

67. Senators shall not be called

70. Any senator may, through the president, propose in writing the projet of a law to the senate.

71. The decrees and other offi. cial documents from the senate shall be signed by the president, countersigned by the first secreta. ry, and sealed with the seal of the

senate.

72. The first secretary shall record the decrees and acts of the senate, and correctly keep its ar. chives and the minutes of its sittings.

73. When the first secretary is absent, the second secretary shall perform his duties.

74. Every decree shall be pre. sented to the president; if he approve it, he shall sanction it within 15 days thereafter, and promulgate it as a law; but if he do not approve it, he shall return it within 15 days to the senate, with his amendments and remarks, which shall be recorded by the senate, and referred to a competent committee to deliberate upon them, and to report them for revision. If the senate does not approve of the amendments, the decree shall be again sent to the president, who shall return it to the senate within 15 days, provided he still objects to it, with the reasons of his ob jections; and if the senate by a plu.

rality of votes adheres to the decree, it shall be again sent to the president, who shall immediately sanction and promulgate it as a law of the state.

75. If towards the end of the session, a decree in discussion between the president and the senate is not completed, the senate, at the next session, shall take into account the steps taken at the pre. ceding session.

76. If a projet of a law, proposed by the president to the senate, is considered by that body, and sent to him three times without being accepted, he shall lose the right.

77. Upon the opening of the session, an estimate of the public expenses, submitted by the go. vernment, having been discussed, appropriations for the necessary expenses of the government shall be made by the senate.

78. A statement in detail of the expenses and revenues of the preceding year, and of the public debt, shall be made annually to the senate, which the secretary of finance shall record and cause to be pub.

lished.

79. It shall take care of the sinking fund and of the regular payment of the interest of the pub. lic debt.

80. It shall regulate, by law, the direct and indirect taxes, and the other contributions which are to be levied throughout the state by vir tue of article 10.

81. It shall pass a law to make a loan upon the guaranty of the nation, or upon a mortgage of the national property.

82. It shall authorize the aliena. on of the public property. This shall be sold as soon as possible in all the provinces, and notice shall

be regularly given of the sales, by the executive power in each province.

83. It shall guard the public treasury, and as often as is necessary shall demand the accounts of the secretary of finance, always granting sufficient time to register

them.

84. Any representative may require from the secretaries the ne. cessary information upon matters before the senate.

85. The senate shall regulate the currency, and fix the weight, the quality, the form and name of the coins.

86. It shall watch over and fos. ter public education, the freedora of the press, agriculture, commerce, the sciences, and arts, and indus. try. It shall secure by law to inventors, and authors, the exclusive right for a limited period to the profits of their productions.

87. It shall make laws relative to captures.

88. It shall make laws against piracy.

89. It shall regulate the mode of recruiting the army by enrol

ment.

90. It shall provide for construct. ing and purchasing national vessels. 91. It shall take charge of the national property.

92. It shall provide for the farming of the national domains, and the indirect taxes.

93. It shall establish one kind of weights and measures throughout the state.

94. It shall fix the compensation of the president, secretaries and judges.

95. It shall declare the boundaries of the provinces, and the kind of administration best adapted to the interests of the inhabitans.

96. It may modify or repeal any laws, except those contained in the constitution.

97. The president shall not, without the consent of the senate, declare war, nor make any treaty of peace, alliance, friendship, commerce, or neutrality, &c., except truces of limited duration, of which notification must be immediately given to the senate.

98. The senate shall receive reports concerning all the business of the state, and those which shall be deemed important, shall be referred to a competent committee with out any directions.

99. The journalists shall have free admission in all sittings of the senate, which shall not be declared

secret.

100. The senate shall make rules for its own government.

101. The senate shall institute civil, criminal and military codes, upon the basis of the French system of jurisprudence.

102. Each representative shall vote according to his own opinion, without asking the advice of his constituents.

103. In case of the death, the dismission, or incapacity from infirmity, of the president, the senate shall name a vice-gubernatorial commission of three members, chosen from persons not members of the senate.

the senate or the council shall immediately inform the provin ces to send their representa. tives (mandataires) to elect a president.

CHAP. 7. Concerning the President of Greece.

104. The executive power is vested in the president, (erdgas.) 105. The president is declared to be inviolable.

106. The secretaries are responsible for their public acts.

107. He shall put the laws in force, through the secretaries, throughout the state.

108. All orders shall be signed by the president, countersigned by the secretary of the proper department, and sealed with his seal.

109. He shall command the forces of the state by sea and land.

110. He shall propose laws, pur. suant to article 76, directing one or more secretaries of the state, to assist in the discussions thereof, at which the secretary of the proper department of course must be pre

sent.

111. He shall take care of the public security, foreign and domestic.

112. He shall appoint the secretaries of state, assign their duties and employments, and determine. their qualifications and privileges.

113. He shall correspond with foreign powers.

114. He shall have the power to declare war, make treaties of peace, alliance, &c., according to

article 97.

This commission shall provi. sionally execute the laws, with the consent of the secretaries, until the election of a new president. If the senate is not in session, the se. cretaries shall form provisionally a vice-gubernatorial council to convoke the senate immediately, which, however, shall also assemble without being specially sum- 116. He may convoke the se. moned. In each of these cases, nate on extraordinary occasions,

115. He shall appoint ambassadors, consuls, chargé d'affaires in foreign governments, and receive them from foreign powers.

and prolong the session, according to the exigency of the occasion, until

4 or 5 months.

117. He shall take care that the laws are carried into full effect.

118. He shall cause the judg. ments of the courts to be executed. 119. He shall propose a law upon the organization of the militia.

120. The president shall not have the right to enter the senate, but upon the opening and close of the session.

121. At the opening of the session, he shall make a statement of the foreign relations, and of the domestic concerns, especially of the revenues and expenditure, of the estimates for the ensuing year, and of anticipated improve. ments in the public business.

122. The election of the president shall be regulated by a special law to be passed by the senate for the present year.

have secretaries: 1. Of foreign affairs; 2. Of domestic police; 3. Of finance; 4. Of war; 5. Of marine; 6. Of justice, religion, and public instruction.

129. They shall publish and carry into effect all the ordinances of the president which shall be countersigned by the secretary of the proper department.

130. Each of the secretaries shall furnish the senate with the necessary information of matters appertaining to his department, but the secretary of foreign relations may defer communicating matters important to be kept secret for a time.

131. They shall have free access to the senate when in session, and the right to debate therein.

132. They shall not directly nor indirectly share in the farming of the public revenues, under pain of being deprived of their office.

133. They shall be liable to be

123. The term of office of the accused before the senate of treapresident is seven years.

124. The president elect shall swear publicly before the senate, that he will protect and preserve the constitution of Greece.

125. He shall sanction and promulgate the laws pursuant to article 74.

126. The president shall have the power to commute capital punishment, but he shall be bound to consult the secretaries of state convened in special council.

127. The president and senate are prohibited from consenting to any treaty, which shall aim at the destruction of the political exist. ence of the nation, and of its inde. pendence. CHAP. 8.-Concerning the Secretaries of State.

128. The executive power shall

son, of extortion, and of violating the fundamental laws, by signing an ordonnance.

134. The senate shall inquire into accusations made against the secretaries of state. When the inquiry is agreed to by a majority of votes, a committee of seven members shall be named to inquire into the matter. After being sworn, the committee shall choose a president and commence the inquiry.

135. When the report of the committee is made to the senate, it may accept or reject the same. In case of acceptance, a day is fixed for the senate to resolve itself into a court. The president of the supreme court shall preside in the senate during the inquiry; but the president of the senate and

the committee of inquiry shall take no part in the matter.

136. The president shall administer the following oath to the

senators:

You swear before God and man, to hear the accusation which the president of the committee of inquiry is about to read; neither to betray the rights of the accused, nor of the public; not to yield to any hatred, nor personal animosity, fear nor compassion; to pronounce sentences upon the accusation, and the defence, with that impartiality which belongs to a just and free man.

137. After the oath has been taken, and the examination taken by the president alone, the pleadings shall commence, but no senator shall be permitted to speak on either side. The president, or another member of the committee of inquest, shall perform the duties of a public prosecutor.

138. A majority of votes shall be sufficient to convict the accused. The senate shall impose no other punishment than dismis. sion from office; but the accused, after conviction, may be prosecuted before the proper tribunals, and punished for the offences according to law.

CHAP. 9.-Concerning the Courts.

139. The judiciary is independent of the other powers in its decisions.

140. It shall determine according to the written laws of the state. 141. The courts shall give their judgments in the name of the nation.

142. There shall be recognised only three kinds of tribunals in Greece; 1. Judges of the peace;

2. That of the prefects; 3. The court of appeal.

143. Independent of these courts, a court of cassation or supreme court, shall be established, to be held near the government.

144. The trial by jury being adopted, the senate shall provide therefor by special law.

145. Judicial commissions or extraordinary courts are prohibited in future.

146. The Hellenes shall be at liberty to appoint arbitrators to determine their differences, either with or without appeal.

147. Trials shall be public, but whenever the proceedings shall be offensive to decency, the courts shall declare them to be so by a decree.

148. The decisions of the courts shall always be in public.

149. Until the promulgation of the codes pursuant to art. 101, the laws of the autocrats of Bysance, the criminal laws of the second national Hellenian assembly, and those promulgated by the Greek government, shall continue in force. As to those relating to commerce, the commercial code of France shall be in force.

150. The present constitutional laws shall be paramount to all others, and the laws promulgated by the Greek government to the old laws.

151. The judges may be deem. ed guilty of fraud, venality, and of all the crimes specified in the law organizing the court.

152. The inferior courts shall be accountable to the superior, and the supreme court to the senate.

153. The law organizing the courts, published after the 13th art. of the legal code, is in force,

« ZurückWeiter »