I believe that Liberia may have an important influence in solving our Negro problem. It is doubtful whether we shallsend a large number of emigrants from our southern states to the Republic; it is likely that a small migration will constantly take place from us to Africa. But it is of the utmost consequence both to Liberia and to our American black people that there be intimate relations between the two regions. It is desirable that many black men from America should visit and know Liberia; it is most important that Liberians should find it easy to come to America and see our institutions. In this easy contact and intimate relation there is certainly ease for our black man’s troubles. Everything which cultivates close, frequent, repeated and continued contact will help us as much as it helps them. We ought, then, at least, to think a long time before we sever any connection already established.
In view of these conditions and tendencies, it seems to me that the proposed exchange would be a serious blunder. Motives of economy and ease of administration cannot excuse it. Duty, honor, enlightened patriotism, demand that the American Church continue to carry the Liberian mission until such time as it may become self-supporting.
There is no question that ultimately Liberia must depend upon her native population; the native tribes are the chief asset of the black republic. If it is to make progress in the future, there must be hearty coöperation between the “Liberian” and the “native.” The native must be aroused to realize that his interest is the same as that of the Liberian; he must realize that his country is the Liberian’s country; he must learn to know and to carry his part of the common burden. This is going to be a difficult lesson for both to learn. From the very beginning of the colony to the present time, the attitude of the newcomer toward the native has been that of a superior to an inferior being. It is and always has been the custom for Liberians to speak of themselves as “white men,” while they have considered the natives “bush niggers.” The Liberian has never indulged to any extent in manual labor; he has done but little even in agricultural work. The native has always been considered the natural laborer of the country; socially an inferior, he has been despised and neglected. He has done the heavy work, he has brought in the produce of “the bush,” he has been the house servant. While he has rarely been treated with cruelty, he has been looked upon with contempt. There is no doubt that, in the future, the native will continue to be the chief laborer of the country; something of prejudice must be expected to continue; but conditions ought to be such that it will be easy for a bright native boy to emerge from his own status and play his part in the mutual progress.
Under the circumstances, every individual case of a Liberian native who has gained a position of consequence in the community has special significance and importance. One of the encouraging facts in present day Liberia is that a considerable number of natives are occupying positions of influence and power in their community. At the present time a member of the Cabinet is a native of pure blood. The Secretary of Public Instruction, in charge of the educational system of the republic, is a Bassa; he is one of “Miss Sharp’s boys”—and does credit to her efforts. While the educational development of Liberia leaves much to be desired, he has ninety-one schools (including night schools) under his direction.
Another native who has gained position, reputation and influence is Abayomi Wilfrid Karnga, the son of a Kongo man, which means that he has risen against more serious difficulties than face the usual native of the country. The population of Liberia consists actually of three different classes of black men; first, the descendants of American or English freedmen; second, the actual natives of the country; third, descendants of recaptured slaves—very commonly included under the general term of “Kongo men.” The last mentioned people had been bought by slavers, taken on board slave vessels, and were being taken to Cuba or South America for sale when they were captured by British or American warships, taken to Liberia, and dumped upon the colony for care and raising. They have always been looked upon with contempt by both Liberians and natives, and for a Kongo man to rise indicates energy and natural ability. Mr. Karnga has been a school teacher and is now a practising lawyer; he is at present a member of the House of Representatives and is active in public affairs.
Another conspicuous native success is Luke B. Anthony, a Bassa. He received his early training under the Presbyterian missionaries and attended Lincoln University, in Pennsylvania. At one time he had high hope of conducting schools for his own people, but this hope vanished with the discontinuance of mission effort on the part of the board with which he has been interested. He loves his people and a year ago gave the commencement address at Liberia College upon the subject of “Bassa Traditions.” While in the United States he received medical training and is a successful physician. At present he is professor of mathematics in Liberia College and a teacher of considerable ability and force.
One of the most interesting of the Liberian natives who are playing a part in public life is Momolu Massaquoi. He represents the Vai people, one of the most important, enterprising and progressive of the score or so of native tribes in the republic. The Vai are a Mohammedan population and stand alone among African negroes in having in common daily use a system of writing with characters invented long ago by one of their own tribe. Mr. Massaquoi was an hereditary chief among his people.While still young he became a Christian, found his way to the United States, and gained part of his education in this country. After returning to Liberia he was paramount chief among his people for a period of ten years. He now lives in Monrovia, where he occupies the position of chief clerk in the Department of the Interior. He is now preparing text-books in Vai for use among his people.
The number of pure blood natives among the Liberian clergy must be considerable. Some of these, like the Rev. F. A. Russell, of Grand Bassa, minister to mixed congregations, with both Liberian and native members. Other native clergymen have charge of definite mission work among the natives. Thus, Rev. McKrae is in charge of the Kru chapel (Episcopalian) in Monrovia. The Kru and Grebo are close kin, both in speech and blood. In connection with such mission effort we are naturally reminded of Mr. Scott, a full-blooded Grebo, who is the architect and superintendent of construction of the Bromley School for Girls, situated upon the St. Paul’s River about three hours by steamer from Monrovia; it is said to be the largest building in Liberia. Mr. Scott has had no instruction in the builder’s trade beyond what he has picked up practically and through a course of instruction received from America by correspondence.
These are a few examples of native men who are doing something to help Liberians to solve their problems. There must be a considerable number of such. There is, however, another class of men who are helping in the advancement of the country, though in quite a different way. Those whom we have mentioned have practically severed themselves from the native life; they are living among Liberians and taking active part with them. Thomas Lewis, a Bassa, living in Grand Bassa, where his house, newly built, is one of the finest in the town, is a native of the natives. His father was a local king; Thomas was one of about a hundred children. Through missionary effort he gained the rudiments of education; coming then to the United States, he studied in various cities, finally taking his advanced work in Syracuse University. While there he devised a system of writing the Bassa language, which, like the system long in use among the Vai, consists of a series of phonetic characters standing for syllables. While in Syracuse he had a primer printed in the new characters for teaching Bassa children to read. Having studied medicine, he became a practising physician on his return to his own country. He has large influence with the primitive Bassa, and not infrequently is called upon by the Government to exert this in its behalf. He has taught a number of Bassa boys his system and takes great pride in their ability to write and read their language with his characters.
Living in the same neighborhood with Dr. Lewis is Jacob Logan. His father was a Liberian, his mother a Bassa; his father represented a class of which we hear much in the writings of authors who criticize Liberian affairs—civilized Liberians who relapse. He lived the native life and his son Jacob wasbrought up amid purely native surroundings. Jacob Logan today speaks excellent English, writes and reads the language perfectly well, knows Liberia and the outside world, having been to Europe. Yet he maintains the state of a native chief. He has an excellent house, which he calls “Native Vindicator’s House;” he is legally married to one wife, but has the reputation of maintaining a considerable body of native women; he has a quantity of dependents, known everywhere as “Jacob Logan’s boys.” They work for him, and when they hire out to others he receives their wages; they are subject to his orders; they live in his house or on his property until married; after they are married they still retain relations with him. On his part Jacob owes them advice, shelter, direction, assistance; when they wish to marry he provides the money, for they must pay for wives; if they are in trouble he must help them; if they get into legal difficulty he must pay their fines. These two men are representative, no doubt, of a large class. They have great influence and it certainly is to the advantage of Government that their influence be utilized in its favor. If they are well informed in regard to governmental policy and favorable to it, they can do much.
Is it desirable that Liberians and natives intermarry? It is certain that the native endures the climate better than the newcomers; it is true that he has far more energy, vigor, enterprise—in case his interest is once aroused. There can be no question that close breeding among the little handful of Liberians is fraught with danger; mixture with the native stock would give, in many cases, good results. There is always, of course, the danger in such mixed marriages of relapse to barbarism. The Liberian who marries a native woman might lead an easy life among her people in the bush. This danger is a real one and needs to be avoided.
It is only five minutes’ walk from the heart of Liberian Monrovia to the center of Krutown on the beach. It is a purely native town; most of the houses are true Kru houses, with thatched roofs and matting sides. The streets are narrow, the houses crowded, the people swarm. The Kru have force and vigor; they are splendid canoe-men and fishers; they are the chief dependence of coast commerce, loading and unloading the steamer cargoes. The men and boys almost all know English, some have a smattering of French or German; the women confine themselves largely to their native language, though girls in school all learn English. The Kru are workers; they like activity. There are schools in Krutown, but the Kru boys, after they have finished their studies in them, go up to the College of West Africa, in Monrovia. This is a mission school, supported by the Methodists, in which all the teachers are colored; most of them Americans.
One day I visited the class in arithmetic, consisting of about thirty scholars. Sitting in the midst of them, when a lullcame, I said to my nearest neighbor, “But you are a native boy?” “Yes, sir; we are many of us native boys.Heis a native, andhe, andhe, andhe.” In fact, I was surrounded by natives, Kru boys. “Well,” I asked, “and how do you native boys do in your classes?” “We do better thantheydo, sir,” he said. “Do you, indeed?” said I; “it would sound better if some one else said that; but how is it so?” “I can’t help it, sir; we do betteranyway; we love our country better than they do, too.” However that may be, it is certain that these Kru boys will outrun the Liberians unless the latter are careful. No one else in all Liberia is so anxious to learn as they.
It is interesting how generally they look towardusfor education. One who called upon me one afternoon told me that a Kru boy had started for America only the week before. He told me, then, that he himself was one of five boys in their town and school who had agreed together that, in some way or other, they should get to America for education. They will do it, too. They earn good money from the steamers and know how to save; after they had been hired two or three times for a coasting voyage they make friends with steamer officers and have no trouble in being taken to Antwerp, or Rotterdam, or Hamburg, earning something more than passage by their work. If they can work their way from Hamburg to New York they are glad to do so, but most of them realize that that is an uncertain chance and start out either with cash upon their person or a little ivory for sale to provide resources beyond Hamburg.
There has been considerable discussion in regard to the location of Liberia College. Should it remain at the capital, Monrovia? Or should it be transferred to some point in the interior? Just now there is so much talk about manual training and agricultural instruction that there has been considerable effort made to change the character of the school and to place it at some point in the interior. I believe that Liberia College ought to remain in Monrovia; it should continue to be an institution of higher education—cultural in character. To locate it at any point in the interior would be to confine its field and value to a single district and a single tribe. There are perhaps a score of native tribes in Liberia, each with its own language, its own territory, its own customs, its own chiefs. Between the tribes there is little contact and no bond of interest. To put Liberia College into the interior would benefit perhaps a single tribe. Other tribes would not patronize it—they would look upon it as of no value or interest to them. What is needed is the establishment of a good central school within the area ofeachnative tribe. It should give thoroughrudimentaryinstruction. It should serve as a feeder to Liberia College; its best men, those who become interested and are ambitious, would go up to the capital for further study. There they wouldmeet representatives of all the other tribes sent up from the other local schools. A wholesome rivalry would rise between them; tribal spirit would be maintained, but acquaintanceship and respect for others would be wholesomely developed; in Monrovia, the capital city, they would be made to feel a national interest and develop affection for their common government. In such a system only can the elevation of the whole people and a genuine coöperation be developed.
Manual training and agricultural instruction are of high importance, but form a question by themselves.
Town of Monrovia; June and July 1847
We, the representatives of the people of the Commonwealth of Liberia, in Convention assembled, invested with authority for forming a new government, relying upon the aid and protection of the Great Arbiter of human events, do hereby, in the name and on behalf of the people of this Commonwealth, publish and declare the said Commonwealth aFREE,SOVEREIGNandINDEPENDENT STATE, by the name and style of theRepublic of Liberia.While announcing to the nations of the world the new position which the people of this Republic have felt themselves called upon to assume, courtesy to their opinion seems to demand a brief accompanying statement of the causes which induced them, first to expatriate themselves from the land of their nativity and to form settlements on this barbarous coast, and now to organize their government by the assumption of a sovereign and independent character. Therefore we respectfully ask their attention to the following facts:We recognize in all men, certain natural and inalienable rights: among these are life, liberty, and the right to acquire, possess, enjoy and defend property. By the practice and consent of men in all ages, some system or form of government is proven to be necessary to exercise, enjoy, and secure these rights: and every people has a right to institute a government and to choose and adopt that system or form of it, which, in their opinion, will most effectually accomplish these objects, and secure their happiness, which does not interfere with the just rights of others. The right therefore to institute government, and all the powers necessary to conduct it, is an inalienable right, and cannot be resisted without the grossest injustice.We, the people of the Republic of Liberia, were originally the inhabitants of the United States of North America.In some part of that country, we were debarred by law from all the rights and privileges of men—in other parts, public sentiments, more powerful than law frowned us down.We were every where shut out from all civil office.We were excluded from all participation in the government.We were taxed without our consent.We were compelled to contribute to the resources of a country, which gave us no protection.We were made a separate and distinct class, and against us every avenue to improvement was effectually closed. Strangers from all lands of a color different from ours, were preferred before us.We uttered our complaints, but they were unattended to, or met only by alleging the peculiar institution of the country.All hope of a favorable change in our country was thus wholly extinguished in our bosom, and we looked with anxiety abroad for some asylum from the deep degradation.The Western coast of Africa was the place selected by American benevolence and philanthropy, for our future home. Removed beyond those influences which depressed us in our native land, it was hoped we would be enabled to enjoy those rights and privileges, and exercise and improve those faculties, which the God of nature has given us in common with the rest of mankind.Under the auspices of the American Colonization Society, we established ourselves here, on land acquired by purchase from the lords of the soil.In an original compact with this Society, we for important reasons, delegated to it certain political powers; while this institution stipulated that whenever the people should become capable of conducting the government, or whenever the people should desire it, this institution would resign the delegated power, peaceably withdraw its supervision, and leave the people to the government of themselves.Under the auspices and guidance of this institution, which has nobly and in perfect faith redeemed its pledges to the people, we have grown and prospered.From time to time, our number has been increased by migration from America, and by accessions from native tribes; andfrom time to time, as circumstances required it, we have extended our borders by acquisition of land by honorable purchase from the natives of the country.As our territory has extended, and our population increased, our commerce has also increased. The flags of most of the civilized nations of the earth float in our harbors, and their merchants are opening an honorable and profitable trade. Until recently, these visits have been of a uniformly harmonious character, but as they have become more frequent, and to more numerous points of our extending coast, questions have arisen, which it is supposed can be adjusted only by agreement between sovereign powers.For years past, the American Colonization Society has faithfully withdrawn from all direct and active part in the administration of the Government, except in the appointment of the Governor, who is also a colonist, for the apparent purpose of testing the ability of the people to conduct the affairs of Government; and no complaint of crude legislation, nor mismanagement, nor of mal-administration has yet been heard.In view of these facts, this institution, the American Colonization Society, with that good faith which has uniformly marked all its dealings with us, did, by a set of resolutions in January, in the Year of Our Lord One Thousand Eight Hundred and Forty Six, dissolve all political connection with the people of this Republic, return the power with which it was delegated, and left the people to the government of themselves.The people of the Republic of Liberia then, are of right, and in fact, a free sovereign and Independent State, possessed of all the rights, and powers, and functions of government.In assuming the momentous responsibilities of the position they have taken, the people of this Republic, feel justified by the necessities of the case, and with this conviction they throw themselves, with confidence upon the candid consideration of the civilized world.Liberia is not the offspring of grasping ambition, nor the tool of avaricious speculation.No desire for territorial aggrandizement brought us to these shores; nor do we believe so sordid a motive entered into the high consideration of those who aided us in providing this asylum.Liberia is an asylum from the most grinding oppression.In coming to the shores of Africa, we indulged the pleasing hope that we should be permitted to exercise and improve those faculties which impart to man his dignity—to nourish in our hearts the flame of honorable ambition, to cherish and indulge those aspirations, which a Beneficent Creator hath implanted in every human heart, and to evince to all who despise, ridicule and oppress our race that we possess with them a common nature, are with them susceptible of equal refinement, and capable of equal advancement in all that adorns and dignifies man.We were animated with the hope, that here we should be at liberty to train up our children in the way they should go—to inspire them, with the love of an honorable fame, to kindle within them, the flame of a lofty philanthropy, and to form strong within them, the principles of humanity, virtue and religion.Among the strongest motives to leave our native land—to abandon forever the scenes of our childhood, and to sever the most endeared connections, was the desire for a retreat where, free from the agitations of fear and molestation, we could, in composure and security, approach in worship the God of our Fathers.Thus far our highest hopes have been realized.Liberia is already the happy home of thousands, who were once the doomed victims of oppression; and if left unmolested to go on with her natural and spontaneous growth: if her movements be left free from the paralysing intrigues of jealous ambition and unscrupulous avarice, she will throw open a wider and a wider door for thousands who are now looking with an anxious eye for some land of rest.Our courts of justice are open equally to the stranger and the citizen, for the redress of grievances, for the remedy of injuries, and for the punishment of crime.Our numerous and well attended schools attest our efforts, and our desire for the improvement of our children.Our churches for the worship of our Creator, every where to be seen, bear testimony to our piety, and to our acknowledgement of his Providence.The native African, bowing down with us before the altar of the living God, declare that from us, feeble as we are, the light of Christianity has gone forth; while upon that curse of curses, the slave trade, a deadly blight has fallen as far as our influence extends.Therefore, in the name of humanity, and virtue and religion—in the name of the Great God, our common Creator, and our common Judge, we appeal to the nations of Christendom, and earnestly and respectfully ask of them, that they will regard us with the sympathy and friendly consideration, to which the peculiarities of our condition entitle us, and to extend to us that comity which marks the friendly intercourse of civilized and independent communities.DONE in CONVENTION, at Monrovia, in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight Hundred and Forty-seven. In witness whereof we have hereto set our names.MONTSERRADO COUNTY,S. Benedict,PresidentH. Teage,Elijah Johnson,J. N. Lewis,Beverly R. Wilson,J. B. Gripon.GRAND BASS COUNTY,John Day,Amos Herring,A. W. Gardner,Ephraim Titler.COUNTY OF SINOE,R. E. Murray.Jacob W. Prout,Secretary of the Convention.CONSTITUTION OF THE REPUBLIC OF LIBERIAPREAMBLEThe 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 tranquility, theirnatural 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.ARTICLE IBILL OF RIGHTSSection 1.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.Section 2.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.Section 3.All men have a natural and inalienable right to worship God according to the dictates of their 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.Section 4.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.Section 5.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 petitionthe government, or any public functionaries for the redress of grievances.Section 6.Every person injured shall have remedy therefor, by due course of law; justice shall be done without 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.Section 7.No persons 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 favor; 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.Section 8.No person shall be deprived of life, liberty, property, or privilege, but by judgment of his peers or the law of the land.Section 9.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.Section 10.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 acts punishable when it was committed.Section 11.All elections shall be by ballot; and every male citizen of twenty-one years of age, possessing real estate, shall have the right of suffrage.Section 12.The people have a right to keep and bear arms for the common defence and as in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the Legislature; and the military power shall always be held in exact subordination to the civil authority and be governed by it.Section 13.Private property shall not be taken for public use without just compensation.Section 14.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 other. This section is not to be construed to include Justices of the Peace.Section 15.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 the right to determine the law and the facts, under the directions of the courts; as in other cases.Section 16.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.Section 17.Suits may be brought against the Republic in such manner, and in such cases as the Legislature may by law direct.Section 18.No person can, in any case, be subject 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.Section 19.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.Section 20.That all prisoners shall be bailable by sufficient sureties; unless, for capital offences, when the proof isevident, or presumption great; and the privilege and benefit of the writ ofhabeas corpusshall 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 twelve months.ARTICLE IILEGISLATIVE POWERSSection 1.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.”Section 2.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 four representatives, the county of Grand Bassa shall have three, and the county of Sinoe shall have one; and all counties hereafter which shall be admitted into the Republic shall have one representative, and for every ten thousand inhabitants one representative shall be added. No person shall be a representative who has not resided in the county two whole years immediately previous to his election and who shall not, when elected be an inhabitant of the county, and does not own real estate of not less value than one hundred and fifty dollars in the county in which he resides, and who shall not have attained the age of twenty-three years. The representatives shall be elected biennially, and shall serve two years from the time of their election.Section 3.When a vacancy occurs in the representation of any county by death, resignation, or otherwise, it shall be filled by a new election.Section 4.The House of Representatives shall elect their own Speaker and other officers; they shall also have the sole power of impeachment.Section 5.The Senate shall consist of two members from Montserrado County, two from Grand Bassa County, two from Sinoe County, and two from each county which may be hereafter incorporated into this Republic. No person shall be a senator who shall not have resided three whole years immediately previous to his election in the Republic of Liberia, and who shallnot, when elected, be an inhabitant of the county which he represents, and who does not own real estate of not less value than two hundred dollars in the county which he represents, and who shall not have attained the age of twenty-five years. The senator for each county who shall have the highest number of votes shall retain his seat four years, and the one who shall have the next highest number of votes, two years; and all who are afterwards elected to fill their seats, shall remain in office four years.Section 6.The Senate shall try all impeachments; the senators being first sworn or solemnly affirmed to try the same impartially and according to law; and no person shall be convicted but by the concurrence of two-thirds of the senators present. Judgment, in such cases, shall not extend beyond removal from the office and disqualification to hold an office in the Republic; but the party may be tried at law for the same offense. When either the President or Vice-President is to be tried, the Chief Justice shall preside.Section 7.It shall be the duty of the Legislature as soon as conveniently may be, after the adoption of this Constitution, and once at least in every ten years afterwards, to cause a true census to be taken of each town and county of the Republic of Liberia; and a representative shall be allowed every town having a population of ten thousand inhabitants; and for every additional ten thousand in the counties after the first census one representative shall be added to that county, until the number of representatives shall amount to thirty; and afterwards, one representative shall be added for every thirty thousand.Section 8.Each branch of the Legislature shall be judge of the election returns and qualification of its own members. A majority of each shall be necessary to transact business, but a less number may adjourn from day to day and compel the attendance of absent members. Each House may adopt its own rules of proceedings, enforce order, and, with the concurrence of two-thirds, may expel a member.Section 9.Neither House shall adjourn for more than two days without the consent of the other; and both Houses shall always sit in the same town.Section 10.Every bill or resolution which shall have passed both branches of the Legislature, shall, before it becomes a law, be laid before the President for his approval; if he approves, he shall sign it; if not, he shall return it to the Legislature with his objections. If the Legislature shall afterwards pass the bill or resolution by a vote of two-thirds in each branch it shall become a law. If the President shall neglect to return suchbill or resolution to the Legislature with his objections for five days after the same shall have been so laid before him, the Legislature remaining in session during that time, such neglect shall be equivalent to his signature.Section 11.The Senators and Representatives shall receive from the Republic a compensation for their services to be ascertained by law; and shall be privileged from arrest, except for treason, felony, or breach of the peace, while attending at, going to, or returning from, the session of the Legislature.ARTICLE IIIEXECUTIVE POWERSection 1.The supreme executive power shall be vested in a President, who shall be elected by the people, and shall hold his office for the term of two years. He shall be commander-in-chief of the army and navy. He shall in the recess of the Legislature have power to call out the militia, or any portion thereof, into actual service in defence of the Republic. He shall have power to make treaties, provided the Senate concur therein by a vote of two-thirds of the senators present. He shall nominate, and with the advice and consent of the Senate, appoint and commission all ambassadors and other public ministers and consuls, secretaries of State, of War, of the Navy, and of the Treasury, Attorney General, all judges of courts, sheriffs, coroners, registers, marshals, justices of the peace, clerks of courts, notaries public, and all other officers of State,—civil and military, whose appointment may not be otherwise provided for by the Constitution, or by standing laws. And in the recess of the Senate, he may fill any vacancies in those offices, until the next session of the Senate. He shall receive all ambassadors and other public ministers. He shall take care that the laws are faithfully executed:—he shall inform the Legislature, from time to time, of the condition of the Republic, and recommend any public measures for their adoption which he may think expedient. He may, after conviction, remit any public forfeitures and penalties, and grant reprieves and pardons for public offences except in cases of impeachment. He may require information and advice from any public officer touching matters pertaining to his office. He may, on extraordinary occasions, convene the Legislature, and may adjourn the two Houses whenever they cannot agree as to the time of adjournment.Section 2.There shall be a Vice-President who shall be elected in the same manner and for the same term as that of the President, and whose qualifications shall be the same; he shall be President of the Senate, and give the casting vote when the house is equally divided on any subject. And in the case ofthe removal of the President from office, or his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Legislature may by law provide for the cases of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected.Section 3.The Secretary of State shall keep the records of the State, and all the records and papers of the Legislative body, and all other public records and documents not belonging to any other department, and shall lay the same when required, before the President or Legislature. He shall attend upon them when required, and perform such other duties as may be enjoined by law.Section 4.The Secretary of the Treasury, or other persons who may by law be charged with custody of public monies, shall, before he receive such monies, give bonds to the State, with sufficient sureties, to the acceptance of the Legislature, for the faithful discharge of his trust. He shall exhibit a true account of such monies when required by the President, or Legislature, and no monies shall be drawn from the Treasury, but by warrant from the President in consequence of appropriation made by law.Section 5.All ambassadors and other public ministers and consuls, the Secretary of State, of War, of the Treasury, and of the Navy, the Attorney General and Post Master General, shall hold their office during the pleasure of the President. All justices of the peace, sheriffs, coroners, marshals, clerks of courts, registers, and notaries public, shall hold their offices for the term of two years from the date of their respective commissions; but they may be removed from office within that time by the President at his pleasure; and all other officers whose term of office shall not be otherwise limited by law, shall hold their offices during the pleasure of the President.Section 6.Every civil officer may be removed from office by impeachment for official misconduct. Every such officer may also be removed by the President upon the address of both branches of the Legislature, stating their particular reason for his removal. No person shall be eligible to the office of President who has not been a citizen of this Republic for at least five years, and who shall not have attained the age of Thirty-five years, and who is not possessed of unencumbered real estate of the value of Six hundred dollars.Section 7.The President shall at stated times receive for his services compensation which shall neither be increased nordiminished during the period for which he shall have been elected; and before he enters on the execution of his office, he shall take the following oath or affirmation:—I do solemnly swear (or affirm), that I will faithfully execute the office of President of the Republic of Liberia, and will, to the best of my ability, preserve, protect and defend the Constitution, and enforce the laws of the Republic of Liberia.ARTICLE IVJUDICIAL DEPARTMENTSection 1.The judicial power of this Republic shall be vested in one Supreme Court, and such subordinate courts as the Legislature may from time to time establish. The judges of the Supreme Court, and all other judges of courts, shall hold their office during good behaviour; but may be removed by the President, on the address of two-thirds of both houses for that purpose, or by impeachment, and conviction thereon. The judges shall have salaries established by law, which may be increased, but not diminished during their continuance in office. They shall not receive other perquisites, or emoluments whatever from parties, or others, on account of any duty required of them.Section 2.The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, or other public ministers and consuls, and those to which a country shall be a party. In all other cases the Supreme Court shall have appellate jurisdiction, both as to law and facts, with such exceptions and under such regulations as the Legislature shall from time to time make.ARTICLE VMISCELLANEOUS PROVISIONSAll laws now in force in the Commonwealth of Liberia and not repugnant to the Constitution shall be in force as the laws of the Republic of Liberia until they shall be repealed by the Legislature.Section 2.All judges, magistrates, and other officers now concerned in the administration of justice in the Commonwealth of Liberia, and all other existing civil and military officers therein, shall continue to hold and discharge the duties of their respective offices in the name and by the authority of the Republic until others shall be appointed and commissioned in their stead, pursuant to the Constitution.Section 3.All towns and municipal corporations within the Republic, constituted under the laws of the Commonwealth of Liberia, shall retain their existing organizations and privileges, and the respective officers thereof shall remain in office and act under the authority of this Republic in the same manner and with like power as they now possess under the laws of said Commonwealth.Section 4.The first election of President, Vice-President, Senators and Representatives, shall be held on the first Tuesday in October, in the year of Our Lord, Eighteen Hundred and Forty-seven, in the same manner as the election of members of the Council are held in the Commonwealth of Liberia; and the votes shall be certified and returned to the Colonial Secretary, and the result of the election shall be ascertained, posted, and notified by him, as is now by law provided, in case of such members of Council.Section 5.All other elections of Presidents, Vice-President, Senators and Representatives, shall be held in the respective towns on the first Tuesday in May in every two years; to be held and regulated in such a manner as the Legislature may by law prescribe. The returns of votes shall be made to the Secretary of State, who shall open the same and forthwith issue notices of the election to the persons apparently so elected Senators and Representatives; and all such returns shall be by him laid before the Legislature at its next ensuing session, together with a list of the names of the persons who appear by such returns to have been duly elected Senators and Representatives; and the persons appearing by said returns to be duly elected shall proceed to organize themselves accordingly, as the Senate and House of Representatives. The votes for President shall be sorted, counted and declared by the House of Representatives; and if no person shall appear to have a majority of such votes, the Senators and Representatives present, shall, in convention, by joint ballot, elect from among the persons having the three highest number of votes, a person to act as President for the ensuing term.Section 6.The Legislature shall assemble once at least in every year, and such meetings shall be on the first Monday in January, unless a different day shall be appointed by law.Section 7.Every legislator and other officer appointed under this Constitution shall, before he enters upon the duties of his office, take and subscribe a solemn oath, or affirmation, to support the Constitution of this Republic, and faithfully and impartially discharge the duties of such office. The presiding officer of the Senate shall administer such oath or affirmation, to the President in Convention of both Houses; and the Presidentshall administer the same to the Vice-President, to the Senators, and to the Representatives in like manner. When the President is unable to attend, the Chief Justice of the Supreme Court may administer the oath, or affirmation to him at any place, and also to the Vice-President, Senators, and Representatives, in convention. Other officers may take such oath, or affirmation before the President, Chief Justice, or any other person who may be designated by law.Section 8.All elections of public officers shall be made by a majority of the votes, except in cases otherwise regulated by the Constitution, or by law.Section 9.Officers created by this Constitution, which the present circumstances of the Republic do not require that they shall be filled, shall not be filled until the Legislature shall deem it necessary.Section 10.The property of which a woman may be possessed at the time of her marriage, and also that of which she may afterwards become possessed, otherwise than by her husband, shall not be held responsible for his debts, whether contracted before, or after marriage.Nor shall the property thus intended to be secured to the woman be alienated otherwise than by her free and voluntary consent, and such alienation may be made by her either by sale, devise, or otherwise.Section 11.In all cases in which estates are insolvent, the widow shall be entitled to one third of the real estate during her natural life, and to one third of the personal estate, which she shall hold in her own right, subject to alienation by her, by sale, devise, or otherwise.Section 12.No person shall be entitled to hold real estate in this Republic unless he be a citizen of the same. Nevertheless this article shall not be construed to apply to colonization, missionary, educational, or other benevolent institutions, so long as the property, or estate is applied to its legitimate purpose.Section 13.The great object of forming these colonies being to provide a home for the dispersed and oppressed children of Africa, and to regenerate and enlighten this benighted continent, none but persons of color shall be admitted to citizenship in this Republic.Section 14.The purchase of any land by any citizen, or citizens from the aborigines of this country for his or their own use, or for the benefit of others, as estate or estates, in feesimple, shall be considered null and void to all intents and purposes.Section 15.The improvement of the native tribes and their advancement in the art of agriculture and husbandry being a cherished object of this government, it shall be the duty of the President to appoint in each county some discreet person whose duty it shall be to make regular and periodical tours through the country for the purpose of calling the attention of the natives to those wholesome branches of industry, and of instructing them in the same, and the Legislature shall, as soon as it can conveniently be done, make provisions for these purposes by the appropriation of money.Section 16.The existing regulations of the American Colonization Society, in the Commonwealth, relative to immigrants, shall remain the same in the Republic until regulated by compact between the Society and the Republic; nevertheless, the Legislature shall make no law prohibiting emigration. And it shall be among the first duties of the Legislature, to take measures to arrange the future relations between the American Colonization Society and this Republic.Section 17.This Constitution may be altered whenever two thirds of both branches of the Legislature, shall deem it necessary; in which case the alterations or amendments, shall first be considered and approved by the Legislature by the concurrence of two thirds of the members of each branch and afterwards by them submitted to the people, and adopted by two thirds of all the electors at the next biennial meeting for the election of Senators, and Representatives.DONE in CONVENTION, at Monrovia in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight Hundred and Forty-seven, and of the REPUBLIC the first. In witness whereof we have hereto set our names.(As before.)AN ACT AMENDING THE CONSTITUTION OF THE REPUBLIC of LIBERIA1907An Act proposing Sundry Amendments to the Constitution of Liberia.It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:—Section 1.That the following Amendments shall become part of the National Constitution and be submitted to the people at the ensuing biennial election to be held on the first Tuesday in May, A. D. 1907, throughout the several counties of the Republic for their consideration and approval, or non-approval, and the ballot shall be written “adoption, or no adoption.”Section 2.That Article 3rd, Section 1st be made to read, “The supreme executive power shall be vested in a President, who shall be elected by the people and shall hold his office for the term of four years and be elected quadrennially.”Section 3.That Article 2nd, Section 2nd, after the words “Twenty-three years” be made to read, The Representatives shall be elected quadrennially and shall serve for four years from the time of their election.Section 4.That Article 2nd, Section 5th, after the words, “Twenty-five” be made to read “The Senators shall serve for six years and shall be elected quadrennially, and those elected May, A. D. 1905, shall retain their seat for six years, from the time of their election, and all who are afterwards elected, six years.”Section 5.That when a vacancy occurs in the office of Vice-President by death, resignation or otherwise, after the regular election of the President and Vice-President, the President shall immediately order a special election to fill said vacancy.Section 6.That Article 5th, Section 13th be made to read “None but Negroes or persons of Negro descent, shall be eligible to citizenship in this Republic.”Section 7.That Section 3rd, of Article 4th, be made to read, “The judges of the Supreme Court shall be the Chief and two Associate Justices.”Any law to the contrary notwithstanding.
We, the representatives of the people of the Commonwealth of Liberia, in Convention assembled, invested with authority for forming a new government, relying upon the aid and protection of the Great Arbiter of human events, do hereby, in the name and on behalf of the people of this Commonwealth, publish and declare the said Commonwealth aFREE,SOVEREIGNandINDEPENDENT STATE, by the name and style of theRepublic of Liberia.
While announcing to the nations of the world the new position which the people of this Republic have felt themselves called upon to assume, courtesy to their opinion seems to demand a brief accompanying statement of the causes which induced them, first to expatriate themselves from the land of their nativity and to form settlements on this barbarous coast, and now to organize their government by the assumption of a sovereign and independent character. Therefore we respectfully ask their attention to the following facts:
We recognize in all men, certain natural and inalienable rights: among these are life, liberty, and the right to acquire, possess, enjoy and defend property. By the practice and consent of men in all ages, some system or form of government is proven to be necessary to exercise, enjoy, and secure these rights: and every people has a right to institute a government and to choose and adopt that system or form of it, which, in their opinion, will most effectually accomplish these objects, and secure their happiness, which does not interfere with the just rights of others. The right therefore to institute government, and all the powers necessary to conduct it, is an inalienable right, and cannot be resisted without the grossest injustice.
We, the people of the Republic of Liberia, were originally the inhabitants of the United States of North America.
In some part of that country, we were debarred by law from all the rights and privileges of men—in other parts, public sentiments, more powerful than law frowned us down.
We were made a separate and distinct class, and against us every avenue to improvement was effectually closed. Strangers from all lands of a color different from ours, were preferred before us.
We uttered our complaints, but they were unattended to, or met only by alleging the peculiar institution of the country.
All hope of a favorable change in our country was thus wholly extinguished in our bosom, and we looked with anxiety abroad for some asylum from the deep degradation.
The Western coast of Africa was the place selected by American benevolence and philanthropy, for our future home. Removed beyond those influences which depressed us in our native land, it was hoped we would be enabled to enjoy those rights and privileges, and exercise and improve those faculties, which the God of nature has given us in common with the rest of mankind.
Under the auspices of the American Colonization Society, we established ourselves here, on land acquired by purchase from the lords of the soil.
In an original compact with this Society, we for important reasons, delegated to it certain political powers; while this institution stipulated that whenever the people should become capable of conducting the government, or whenever the people should desire it, this institution would resign the delegated power, peaceably withdraw its supervision, and leave the people to the government of themselves.
Under the auspices and guidance of this institution, which has nobly and in perfect faith redeemed its pledges to the people, we have grown and prospered.
From time to time, our number has been increased by migration from America, and by accessions from native tribes; andfrom time to time, as circumstances required it, we have extended our borders by acquisition of land by honorable purchase from the natives of the country.
As our territory has extended, and our population increased, our commerce has also increased. The flags of most of the civilized nations of the earth float in our harbors, and their merchants are opening an honorable and profitable trade. Until recently, these visits have been of a uniformly harmonious character, but as they have become more frequent, and to more numerous points of our extending coast, questions have arisen, which it is supposed can be adjusted only by agreement between sovereign powers.
For years past, the American Colonization Society has faithfully withdrawn from all direct and active part in the administration of the Government, except in the appointment of the Governor, who is also a colonist, for the apparent purpose of testing the ability of the people to conduct the affairs of Government; and no complaint of crude legislation, nor mismanagement, nor of mal-administration has yet been heard.
In view of these facts, this institution, the American Colonization Society, with that good faith which has uniformly marked all its dealings with us, did, by a set of resolutions in January, in the Year of Our Lord One Thousand Eight Hundred and Forty Six, dissolve all political connection with the people of this Republic, return the power with which it was delegated, and left the people to the government of themselves.
The people of the Republic of Liberia then, are of right, and in fact, a free sovereign and Independent State, possessed of all the rights, and powers, and functions of government.
In assuming the momentous responsibilities of the position they have taken, the people of this Republic, feel justified by the necessities of the case, and with this conviction they throw themselves, with confidence upon the candid consideration of the civilized world.
Liberia is not the offspring of grasping ambition, nor the tool of avaricious speculation.
No desire for territorial aggrandizement brought us to these shores; nor do we believe so sordid a motive entered into the high consideration of those who aided us in providing this asylum.
Liberia is an asylum from the most grinding oppression.
In coming to the shores of Africa, we indulged the pleasing hope that we should be permitted to exercise and improve those faculties which impart to man his dignity—to nourish in our hearts the flame of honorable ambition, to cherish and indulge those aspirations, which a Beneficent Creator hath implanted in every human heart, and to evince to all who despise, ridicule and oppress our race that we possess with them a common nature, are with them susceptible of equal refinement, and capable of equal advancement in all that adorns and dignifies man.
We were animated with the hope, that here we should be at liberty to train up our children in the way they should go—to inspire them, with the love of an honorable fame, to kindle within them, the flame of a lofty philanthropy, and to form strong within them, the principles of humanity, virtue and religion.
Among the strongest motives to leave our native land—to abandon forever the scenes of our childhood, and to sever the most endeared connections, was the desire for a retreat where, free from the agitations of fear and molestation, we could, in composure and security, approach in worship the God of our Fathers.
Thus far our highest hopes have been realized.
Liberia is already the happy home of thousands, who were once the doomed victims of oppression; and if left unmolested to go on with her natural and spontaneous growth: if her movements be left free from the paralysing intrigues of jealous ambition and unscrupulous avarice, she will throw open a wider and a wider door for thousands who are now looking with an anxious eye for some land of rest.
Our courts of justice are open equally to the stranger and the citizen, for the redress of grievances, for the remedy of injuries, and for the punishment of crime.
Our numerous and well attended schools attest our efforts, and our desire for the improvement of our children.
Our churches for the worship of our Creator, every where to be seen, bear testimony to our piety, and to our acknowledgement of his Providence.
The native African, bowing down with us before the altar of the living God, declare that from us, feeble as we are, the light of Christianity has gone forth; while upon that curse of curses, the slave trade, a deadly blight has fallen as far as our influence extends.
Therefore, in the name of humanity, and virtue and religion—in the name of the Great God, our common Creator, and our common Judge, we appeal to the nations of Christendom, and earnestly and respectfully ask of them, that they will regard us with the sympathy and friendly consideration, to which the peculiarities of our condition entitle us, and to extend to us that comity which marks the friendly intercourse of civilized and independent communities.
DONE in CONVENTION, at Monrovia, in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight Hundred and Forty-seven. In witness whereof we have hereto set our names.MONTSERRADO COUNTY,S. Benedict,PresidentH. Teage,Elijah Johnson,J. N. Lewis,Beverly R. Wilson,J. B. Gripon.GRAND BASS COUNTY,John Day,Amos Herring,A. W. Gardner,Ephraim Titler.COUNTY OF SINOE,R. E. Murray.
DONE in CONVENTION, at Monrovia, in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight Hundred and Forty-seven. In witness whereof we have hereto set our names.
MONTSERRADO COUNTY,
S. Benedict,PresidentH. Teage,Elijah Johnson,J. N. Lewis,Beverly R. Wilson,J. B. Gripon.
GRAND BASS COUNTY,
John Day,Amos Herring,A. W. Gardner,Ephraim Titler.
COUNTY OF SINOE,
R. E. Murray.
Jacob W. Prout,Secretary of the Convention.
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 tranquility, theirnatural 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.
Section 1.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.
Section 2.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.
Section 3.All men have a natural and inalienable right to worship God according to the dictates of their 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.
Section 4.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.
Section 5.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 petitionthe government, or any public functionaries for the redress of grievances.
Section 6.Every person injured shall have remedy therefor, by due course of law; justice shall be done without 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.
Section 7.No persons 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 favor; 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.
Section 8.No person shall be deprived of life, liberty, property, or privilege, but by judgment of his peers or the law of the land.
Section 9.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.
Section 10.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 acts punishable when it was committed.
Section 11.All elections shall be by ballot; and every male citizen of twenty-one years of age, possessing real estate, shall have the right of suffrage.
Section 12.The people have a right to keep and bear arms for the common defence and as in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the Legislature; and the military power shall always be held in exact subordination to the civil authority and be governed by it.
Section 13.Private property shall not be taken for public use without just compensation.
Section 14.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 other. This section is not to be construed to include Justices of the Peace.
Section 15.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 the right to determine the law and the facts, under the directions of the courts; as in other cases.
Section 16.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.
Section 17.Suits may be brought against the Republic in such manner, and in such cases as the Legislature may by law direct.
Section 18.No person can, in any case, be subject 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.
Section 19.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.
Section 20.That all prisoners shall be bailable by sufficient sureties; unless, for capital offences, when the proof isevident, or presumption great; and the privilege and benefit of the writ ofhabeas corpusshall 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 twelve months.
Section 1.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.”
Section 2.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 four representatives, the county of Grand Bassa shall have three, and the county of Sinoe shall have one; and all counties hereafter which shall be admitted into the Republic shall have one representative, and for every ten thousand inhabitants one representative shall be added. No person shall be a representative who has not resided in the county two whole years immediately previous to his election and who shall not, when elected be an inhabitant of the county, and does not own real estate of not less value than one hundred and fifty dollars in the county in which he resides, and who shall not have attained the age of twenty-three years. The representatives shall be elected biennially, and shall serve two years from the time of their election.
Section 3.When a vacancy occurs in the representation of any county by death, resignation, or otherwise, it shall be filled by a new election.
Section 4.The House of Representatives shall elect their own Speaker and other officers; they shall also have the sole power of impeachment.
Section 5.The Senate shall consist of two members from Montserrado County, two from Grand Bassa County, two from Sinoe County, and two from each county which may be hereafter incorporated into this Republic. No person shall be a senator who shall not have resided three whole years immediately previous to his election in the Republic of Liberia, and who shallnot, when elected, be an inhabitant of the county which he represents, and who does not own real estate of not less value than two hundred dollars in the county which he represents, and who shall not have attained the age of twenty-five years. The senator for each county who shall have the highest number of votes shall retain his seat four years, and the one who shall have the next highest number of votes, two years; and all who are afterwards elected to fill their seats, shall remain in office four years.
Section 6.The Senate shall try all impeachments; the senators being first sworn or solemnly affirmed to try the same impartially and according to law; and no person shall be convicted but by the concurrence of two-thirds of the senators present. Judgment, in such cases, shall not extend beyond removal from the office and disqualification to hold an office in the Republic; but the party may be tried at law for the same offense. When either the President or Vice-President is to be tried, the Chief Justice shall preside.
Section 7.It shall be the duty of the Legislature as soon as conveniently may be, after the adoption of this Constitution, and once at least in every ten years afterwards, to cause a true census to be taken of each town and county of the Republic of Liberia; and a representative shall be allowed every town having a population of ten thousand inhabitants; and for every additional ten thousand in the counties after the first census one representative shall be added to that county, until the number of representatives shall amount to thirty; and afterwards, one representative shall be added for every thirty thousand.
Section 8.Each branch of the Legislature shall be judge of the election returns and qualification of its own members. A majority of each shall be necessary to transact business, but a less number may adjourn from day to day and compel the attendance of absent members. Each House may adopt its own rules of proceedings, enforce order, and, with the concurrence of two-thirds, may expel a member.
Section 9.Neither House shall adjourn for more than two days without the consent of the other; and both Houses shall always sit in the same town.
Section 10.Every bill or resolution which shall have passed both branches of the Legislature, shall, before it becomes a law, be laid before the President for his approval; if he approves, he shall sign it; if not, he shall return it to the Legislature with his objections. If the Legislature shall afterwards pass the bill or resolution by a vote of two-thirds in each branch it shall become a law. If the President shall neglect to return suchbill or resolution to the Legislature with his objections for five days after the same shall have been so laid before him, the Legislature remaining in session during that time, such neglect shall be equivalent to his signature.
Section 11.The Senators and Representatives shall receive from the Republic a compensation for their services to be ascertained by law; and shall be privileged from arrest, except for treason, felony, or breach of the peace, while attending at, going to, or returning from, the session of the Legislature.
Section 1.The supreme executive power shall be vested in a President, who shall be elected by the people, and shall hold his office for the term of two years. He shall be commander-in-chief of the army and navy. He shall in the recess of the Legislature have power to call out the militia, or any portion thereof, into actual service in defence of the Republic. He shall have power to make treaties, provided the Senate concur therein by a vote of two-thirds of the senators present. He shall nominate, and with the advice and consent of the Senate, appoint and commission all ambassadors and other public ministers and consuls, secretaries of State, of War, of the Navy, and of the Treasury, Attorney General, all judges of courts, sheriffs, coroners, registers, marshals, justices of the peace, clerks of courts, notaries public, and all other officers of State,—civil and military, whose appointment may not be otherwise provided for by the Constitution, or by standing laws. And in the recess of the Senate, he may fill any vacancies in those offices, until the next session of the Senate. He shall receive all ambassadors and other public ministers. He shall take care that the laws are faithfully executed:—he shall inform the Legislature, from time to time, of the condition of the Republic, and recommend any public measures for their adoption which he may think expedient. He may, after conviction, remit any public forfeitures and penalties, and grant reprieves and pardons for public offences except in cases of impeachment. He may require information and advice from any public officer touching matters pertaining to his office. He may, on extraordinary occasions, convene the Legislature, and may adjourn the two Houses whenever they cannot agree as to the time of adjournment.
Section 2.There shall be a Vice-President who shall be elected in the same manner and for the same term as that of the President, and whose qualifications shall be the same; he shall be President of the Senate, and give the casting vote when the house is equally divided on any subject. And in the case ofthe removal of the President from office, or his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Legislature may by law provide for the cases of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected.
Section 3.The Secretary of State shall keep the records of the State, and all the records and papers of the Legislative body, and all other public records and documents not belonging to any other department, and shall lay the same when required, before the President or Legislature. He shall attend upon them when required, and perform such other duties as may be enjoined by law.
Section 4.The Secretary of the Treasury, or other persons who may by law be charged with custody of public monies, shall, before he receive such monies, give bonds to the State, with sufficient sureties, to the acceptance of the Legislature, for the faithful discharge of his trust. He shall exhibit a true account of such monies when required by the President, or Legislature, and no monies shall be drawn from the Treasury, but by warrant from the President in consequence of appropriation made by law.
Section 5.All ambassadors and other public ministers and consuls, the Secretary of State, of War, of the Treasury, and of the Navy, the Attorney General and Post Master General, shall hold their office during the pleasure of the President. All justices of the peace, sheriffs, coroners, marshals, clerks of courts, registers, and notaries public, shall hold their offices for the term of two years from the date of their respective commissions; but they may be removed from office within that time by the President at his pleasure; and all other officers whose term of office shall not be otherwise limited by law, shall hold their offices during the pleasure of the President.
Section 6.Every civil officer may be removed from office by impeachment for official misconduct. Every such officer may also be removed by the President upon the address of both branches of the Legislature, stating their particular reason for his removal. No person shall be eligible to the office of President who has not been a citizen of this Republic for at least five years, and who shall not have attained the age of Thirty-five years, and who is not possessed of unencumbered real estate of the value of Six hundred dollars.
Section 7.The President shall at stated times receive for his services compensation which shall neither be increased nordiminished during the period for which he shall have been elected; and before he enters on the execution of his office, he shall take the following oath or affirmation:—
I do solemnly swear (or affirm), that I will faithfully execute the office of President of the Republic of Liberia, and will, to the best of my ability, preserve, protect and defend the Constitution, and enforce the laws of the Republic of Liberia.
Section 1.The judicial power of this Republic shall be vested in one Supreme Court, and such subordinate courts as the Legislature may from time to time establish. The judges of the Supreme Court, and all other judges of courts, shall hold their office during good behaviour; but may be removed by the President, on the address of two-thirds of both houses for that purpose, or by impeachment, and conviction thereon. The judges shall have salaries established by law, which may be increased, but not diminished during their continuance in office. They shall not receive other perquisites, or emoluments whatever from parties, or others, on account of any duty required of them.
Section 2.The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, or other public ministers and consuls, and those to which a country shall be a party. In all other cases the Supreme Court shall have appellate jurisdiction, both as to law and facts, with such exceptions and under such regulations as the Legislature shall from time to time make.
All laws now in force in the Commonwealth of Liberia and not repugnant to the Constitution shall be in force as the laws of the Republic of Liberia until they shall be repealed by the Legislature.
Section 2.All judges, magistrates, and other officers now concerned in the administration of justice in the Commonwealth of Liberia, and all other existing civil and military officers therein, shall continue to hold and discharge the duties of their respective offices in the name and by the authority of the Republic until others shall be appointed and commissioned in their stead, pursuant to the Constitution.
Section 3.All towns and municipal corporations within the Republic, constituted under the laws of the Commonwealth of Liberia, shall retain their existing organizations and privileges, and the respective officers thereof shall remain in office and act under the authority of this Republic in the same manner and with like power as they now possess under the laws of said Commonwealth.
Section 4.The first election of President, Vice-President, Senators and Representatives, shall be held on the first Tuesday in October, in the year of Our Lord, Eighteen Hundred and Forty-seven, in the same manner as the election of members of the Council are held in the Commonwealth of Liberia; and the votes shall be certified and returned to the Colonial Secretary, and the result of the election shall be ascertained, posted, and notified by him, as is now by law provided, in case of such members of Council.
Section 5.All other elections of Presidents, Vice-President, Senators and Representatives, shall be held in the respective towns on the first Tuesday in May in every two years; to be held and regulated in such a manner as the Legislature may by law prescribe. The returns of votes shall be made to the Secretary of State, who shall open the same and forthwith issue notices of the election to the persons apparently so elected Senators and Representatives; and all such returns shall be by him laid before the Legislature at its next ensuing session, together with a list of the names of the persons who appear by such returns to have been duly elected Senators and Representatives; and the persons appearing by said returns to be duly elected shall proceed to organize themselves accordingly, as the Senate and House of Representatives. The votes for President shall be sorted, counted and declared by the House of Representatives; and if no person shall appear to have a majority of such votes, the Senators and Representatives present, shall, in convention, by joint ballot, elect from among the persons having the three highest number of votes, a person to act as President for the ensuing term.
Section 6.The Legislature shall assemble once at least in every year, and such meetings shall be on the first Monday in January, unless a different day shall be appointed by law.
Section 7.Every legislator and other officer appointed under this Constitution shall, before he enters upon the duties of his office, take and subscribe a solemn oath, or affirmation, to support the Constitution of this Republic, and faithfully and impartially discharge the duties of such office. The presiding officer of the Senate shall administer such oath or affirmation, to the President in Convention of both Houses; and the Presidentshall administer the same to the Vice-President, to the Senators, and to the Representatives in like manner. When the President is unable to attend, the Chief Justice of the Supreme Court may administer the oath, or affirmation to him at any place, and also to the Vice-President, Senators, and Representatives, in convention. Other officers may take such oath, or affirmation before the President, Chief Justice, or any other person who may be designated by law.
Section 8.All elections of public officers shall be made by a majority of the votes, except in cases otherwise regulated by the Constitution, or by law.
Section 9.Officers created by this Constitution, which the present circumstances of the Republic do not require that they shall be filled, shall not be filled until the Legislature shall deem it necessary.
Section 10.The property of which a woman may be possessed at the time of her marriage, and also that of which she may afterwards become possessed, otherwise than by her husband, shall not be held responsible for his debts, whether contracted before, or after marriage.
Nor shall the property thus intended to be secured to the woman be alienated otherwise than by her free and voluntary consent, and such alienation may be made by her either by sale, devise, or otherwise.
Section 11.In all cases in which estates are insolvent, the widow shall be entitled to one third of the real estate during her natural life, and to one third of the personal estate, which she shall hold in her own right, subject to alienation by her, by sale, devise, or otherwise.
Section 12.No person shall be entitled to hold real estate in this Republic unless he be a citizen of the same. Nevertheless this article shall not be construed to apply to colonization, missionary, educational, or other benevolent institutions, so long as the property, or estate is applied to its legitimate purpose.
Section 13.The great object of forming these colonies being to provide a home for the dispersed and oppressed children of Africa, and to regenerate and enlighten this benighted continent, none but persons of color shall be admitted to citizenship in this Republic.
Section 14.The purchase of any land by any citizen, or citizens from the aborigines of this country for his or their own use, or for the benefit of others, as estate or estates, in feesimple, shall be considered null and void to all intents and purposes.
Section 15.The improvement of the native tribes and their advancement in the art of agriculture and husbandry being a cherished object of this government, it shall be the duty of the President to appoint in each county some discreet person whose duty it shall be to make regular and periodical tours through the country for the purpose of calling the attention of the natives to those wholesome branches of industry, and of instructing them in the same, and the Legislature shall, as soon as it can conveniently be done, make provisions for these purposes by the appropriation of money.
Section 16.The existing regulations of the American Colonization Society, in the Commonwealth, relative to immigrants, shall remain the same in the Republic until regulated by compact between the Society and the Republic; nevertheless, the Legislature shall make no law prohibiting emigration. And it shall be among the first duties of the Legislature, to take measures to arrange the future relations between the American Colonization Society and this Republic.
Section 17.This Constitution may be altered whenever two thirds of both branches of the Legislature, shall deem it necessary; in which case the alterations or amendments, shall first be considered and approved by the Legislature by the concurrence of two thirds of the members of each branch and afterwards by them submitted to the people, and adopted by two thirds of all the electors at the next biennial meeting for the election of Senators, and Representatives.
DONE in CONVENTION, at Monrovia in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight Hundred and Forty-seven, and of the REPUBLIC the first. In witness whereof we have hereto set our names.
DONE in CONVENTION, at Monrovia in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight Hundred and Forty-seven, and of the REPUBLIC the first. In witness whereof we have hereto set our names.
(As before.)
1907
An Act proposing Sundry Amendments to the Constitution of Liberia.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:—
Section 1.That the following Amendments shall become part of the National Constitution and be submitted to the people at the ensuing biennial election to be held on the first Tuesday in May, A. D. 1907, throughout the several counties of the Republic for their consideration and approval, or non-approval, and the ballot shall be written “adoption, or no adoption.”
Section 2.That Article 3rd, Section 1st be made to read, “The supreme executive power shall be vested in a President, who shall be elected by the people and shall hold his office for the term of four years and be elected quadrennially.”
Section 3.That Article 2nd, Section 2nd, after the words “Twenty-three years” be made to read, The Representatives shall be elected quadrennially and shall serve for four years from the time of their election.
Section 4.That Article 2nd, Section 5th, after the words, “Twenty-five” be made to read “The Senators shall serve for six years and shall be elected quadrennially, and those elected May, A. D. 1905, shall retain their seat for six years, from the time of their election, and all who are afterwards elected, six years.”
Section 5.That when a vacancy occurs in the office of Vice-President by death, resignation or otherwise, after the regular election of the President and Vice-President, the President shall immediately order a special election to fill said vacancy.
Section 6.That Article 5th, Section 13th be made to read “None but Negroes or persons of Negro descent, shall be eligible to citizenship in this Republic.”
Section 7.That Section 3rd, of Article 4th, be made to read, “The judges of the Supreme Court shall be the Chief and two Associate Justices.”
Any law to the contrary notwithstanding.