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opportunity left to the Executive of enlightening the Legislature respecting the grounds of the rejection of any of its Resolutions. Much evil might have been avoided, by allowing a certain lapse of time, or a proportionate number of votes, considerably greater than that at present required, before validity is given to the Laws objected to by the Executive.

It is to be observed that our Code of Laws, already too voluminous, instead of contributing to our felicity, presents obstacles to the progress of it. Our Laws appear to have been formed at random: they are defective in respect of order, method, classification, and legal expression. They are at variance with each other, replete with confusion, often unnecessary, and even opposed to the ends they are intended to promote. Instances have not been wanting, when it has become indispensable to restrain, by rigorous measures, destructive and widely-spreading vices, that the Laws made for that purpose have proved even less effectual than the old ones, and have indirectly promoted the vices which they were intended to check.

In our endeavours to reach perfection, we have adopted, as a basis of representation, a scale, as yet unsuited to our means. By the prodigal dispensation of this august function, it has become degraded, and it has even appeared, in some Provinces, that to represent the People is an object of indifference, and even one of dubious honour. Thus has originated, in a degree, the disrespect into which the Laws have fallen; and, when the Laws are held in contempt, what good can be expected from them?

The Executive is not on an equality with the Legislative; nor is it at the head of the Judicial Power of Colombia: it is reduced to an impotent instrument of the Supreme Power, in which it does not participate in the degree it ought to do;-inasmuch as the Congress encroaches upon its natural functions, in the administrative, judicial, ecclesiastical, and military affairs. The Government, which ought to be the source and main spring of the publick force, has to seek it without the limits of its own resources, and to look for support to others, which ought to be subjected to itself. It is an essential characteristic of Government to be the centre and depository of strength, but without possessing the power to call it into action. Deprived of its natural functions, it sinks into a lethargy, which becomes fatal to the Citizens, and entails the downfal of their institutions.

The vices of the Constitution, with reference to the Executive, do not end here. Equally prejudicial to good Government is the want of responsibility of the Secretaries of State. All the responsibility resting on the Chief of the Administration, exclusively, the effect of it is de stroyed; the harmony of the system in its constituent parts is not provided for, and the guarantees for the due observance of the Laws are equally defective. In the execution of his duties, there must be more zeal, when

to the moral responsibility of the Minister is added, that which is imposed upon him by his Office. He would then feel a more powerful stimulus for the advancement of the publick good; and the punishment which he might unfortunately incur by his demerits, would not then lead to greater evils, by creating tumults, the origin of Revolutions.

Responsibility in the Individual who may be the choice of the People will always be illusory, if he do not voluntarily submit himself thereto, or, which is not very improbable, he should possess the means of rendering himself superior to the Law. On the other hand, this responsibility can never be made effective, if the cases are undefined in which it is incurred, and the penalty be not specified.

Every one observes, with astonishment, the anomaly of the situation of the Executive, invested with a redundancy of power, conjointly with extreme weakness. It was found unable to repel Foreign Invasion, or to repress the acts of sedition, unless strengthened with dictatorial power. The Constitution, as if aware of this omission, has gone beyond itself, by the profusion with which it has granted to the Executive, in certain cases, the power which it has economized with such jealousy. The consequence is that the Government of Colombia is either a miserable source of good, or a destroying torrent.

In what Nation does the Judicial Power exist to so great an extent as in Colombia? Considering the manner in which the powers of the respective branches of our Government have been constituted, may it not be said that the functions of the body politick of the Nation, are confined to the expression of its will, and the execution of it? A third superior Agent (the Judicial Power) has been added, as if the faculty of deciding upon the expediency of the Laws, in particular cases, were not the principal function of the Executive, In order that the latter might not unduly influence the Authorities charged with the interpretation of the Laws, those Authorities have been rendered quite distinct from it, whereas, in their nature, they form an integral part of the same; and, notwithstanding the latter power was charged with the duty of a constant vigilance over the prompt and complete administration of justice, this charge was confided to it, without providing it with the means of ascertaining the occasions on which its intervention might be proper, or defining the limits of the exercise of such power. Even in the faculty of selecting efficient Persons for that purpose, the power of the Executive has been limited.

Not content with this refinement, we have by subsequent Laws, in opposition to the uniform practice of Ages, given to the Civil Tribunals an absolute supremacy in Military Trials, which is derogatory to the authority granted by the Constitution to the President, and destructive of discipline, the basis of a regular Army. Subsequent Laws, in the judicial branch, have only had the effect of extending the right of judging to a point which it never ought to have reached. In consequence of the Law relative to judicial proceedings, Law-suits have

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become complicated. New Courts of Judicature, and Local Tribunals, are everywhere established; for the reformation of which Courts, the unfortunate Inhabitants who dispute with each other, and make sacrifices, to the benefit of the Judges, have become clamorous. Superior Courts, although composed almost entirely of inexperienced Persons, have repeatedly decided upon the doubtful application of Laws. The Executive has received most distressing complaints of the venality and injustice of the Judges, but has had no power to punish them: it has seen the Publick Treasury exposed to the ignorance and knavery of the Tribunals, without having had the means of applying a remedy to them.

The accumulation of the duties of all the branches of the Administration, in the hands of the Agents of the Executive in the several Departments, augments their weakness: because the Intendants, the Chiefs of civil order and domestick security, have confided to them the administration of the National Revenue, which charge requires many Individuals, if only to prevent its deterioration. Such an accumulation of duties may appear expedient, but it is not so, except as regards the Military Authority, which, in the Maritime Departments, ought to be combined with the Civil, and the latter relieved from duties connected with the Revenue, to the end, that each of these branches may perform its duty to the Publick and to the Government, in a satisfactory manner.

The Municipalities, which might be useful as Councils to the Governors of Provinces, have scarcely fulfilled their real functions: some of them have dared to take upon themselves the Sovereignty which belongs to the Nation: others have fomented sedition, and almost all the new ones have rather impeded than promoted the resources, improvement, and salubrity of their respective Districts. Such Bodies are not suited to the object for which they were intended. They have become odious, from the local burthens which are levied, the trouble they give to the Inhabitants, and from there not being in many places even a possibility of changing the Individuals employed. What renders them peculiarly objectionable is, the obligation imposed by them on the Citizens of taking upon themselves an Annual Magistracy, during which they consume their time and property, often exposing themselves to responsibility, and compromising their own honour. The voluntary exile of various Individuals from their native homes, to escape the appointment to those vexatious Offices is no rare occurrence; and, if I must declare what is the prevalent opinion, there would be no Decree more popular than the one which should suppress the Municipalities.

There is no Law of general Police, nor does even the shadow of one exist. Hence it results that the State is a mass of confusion, or, I would rather say, of obscurity; for the subordinate Agents of the Executive are thrown into relation with all the Individuals of the State, who are not manageable without an active and efficient Police, which may place each

Citizen in immediate connexion with the Agents of the Government. From this cause various obstacles result to the Intendants, in carrying into execution the Laws and Regulations, in the respective branches dependent on them.

Security and repose, the chief objects of the wishes of the Citizens, being destroyed, it has been impossible for agriculture to maintain itself, even in the deplorable state in which it existed. Its ruin has accelerated that of other kinds of industry, demoralized the labourer, and diminished the means of prosperity: all has sunk into the misery of desolation, and, in some Districts, the Citizens have reassumed their primitive condition; for, having lost all means of rational enjoyment, nothing binds them to society, and they are even converted into its enemies. Foreign Commerce has suffered equally with that of the Interior: I might even say that it scarcely exists on a sufficient scale to secure to us the objects of indispensable necessity, more particularly so, as the frauds, favoured by the Laws and the Judges, in conjunction with numerous failures, have destroyed all confidence among the members of a Body, whose transactions should be alone founded in credit and good faith. How can Commerce exist when there is neither barter nor profit?

Our Army was a model for America, and the glory of Liberty; its obedience to the Law, to the Magistrate, and to the General, was such as appeared to belong to the heroic periods of republican virtue. It distinguished itself by its arms, even when it was without clothing; -perishing with want, it subsisted on the spoils of the Enemy;-and, void of ambition, it breathed only its love of Country. Such generous virtues have in a certain degree been eclipsed by the new Laws passed for its regulation and protection. In the shocks which have been felt throughout society the Soldier has had his share: he no longer possesses any thing beyond devotion to the Cause he has served, and a salutary respect for his own scars. I have mentioned the fatal influence exercised over Military subordination by having subjected the Army to Civil Tribunals, whose doctrines and regulations are destructive of that strict discipline, passive submission, and blind obedience, which forms the basis of Military Power, the support of all Society. The Law which permits the Soldier to marry without permission of Government, has been particularly injurious to the Army, in respect of its rapidity of movement, force, and spirit. It was wisely prohibited to recruit from among the Fathers of Families: but, in contravention of this principle, we have made Soldiers of the Fathers of Families. The disrespect shewn to the Chiefs by their subordinate Officers, through the channel of the Press, has also contributed to the relaxation of discipline. The declaring a correctional imprisonment as an arbitrary detention, is to establish Military Ordinances upon the principles of the Rights of Man, and to encourage anarchy among the Military, who, when they become Demagogues, are the most cruel, as well as the most formida

ble, of their kind. Dangerous rivalries between Civil and Military Individuals have been promoted by writings, and by discussions in Congress; the Military being described, not as the Liberators of the Country, but as the destroyers of Liberty. Was this the reward due to such painful and sublime sacrifices? Was this the recompense reserved for Heroes? The scandal has even reached the height of exciting hatred and rancour among the Military of the different Provinces, in order that union and strength might no longer exist. I would fain not have noticed the indulgences which have been shewn to Military Officers during this eventful period. Every one of our Legislators is sensible of the enormity of this most blameable lenity. What Army will, in future, be worthy to defend our sacred rights; if the punishment of Criminals is to be their reward, and if glory ceases to be the attendant of fidelity, valour, and obedience?

From the Year 1821, when we commenced the reform of our System of Finance, everything has been experimental; but the last Year has been productive of greater disappointment than either of the preceding ones. The want of vigour in the administration in all, and in each of, its branches; the general endeavour to elude the payment of the Taxes, the notorious dishonesty and neglect on the part of the Collectors, the creation of useless Functionaries, their small rate of pay, and the very Laws themselves, have contributed to destroy the Revenue. It has been thought possible, on some occasions, to overcome this phalanx of difficulties, by invoking the assistance of the Tribunals; but they, under the mask of Protectors of innocence, have acquitted the refractory Debtor and the accused Collector. In other instances the delay and consequences of their decisions have afforded an opportunity to Congress to pass new Laws which have even enervated the action of the Government. Up to this time, Congress has not regulated the Commissariats which administer the largest portion of the Revenue; nor has Congress even once, inquired into the application of the funds, of which the Government is merely the Administrator.

The delay in Europe of Mr. Hurtado, the Person to whom, in consequence of orders issued in 1823, it belongs to give an account of the millions due for the Loan contracted for, and concluded, by him in London; the expulsion of our Chargé d'Affaires from Peru, whilst he was negotiating the recovery of the value of the supplies furnished to that Republick: and lastly, the consumption and misapplication of the National Property:-have forced us to incur, by large inscriptions in the Book of the National Debt, charges which might otherwise have been obviated. The Treasury of Colombia has, at length, reached the extreme crisis of being unable to redeem our National honour to those generous Foreigners, who advanced to us their money, relying upon our good faith. The Army does not receive one-half of its pay; and, with the exception of the Officers of the Revenue, all are exposed to the greatest misery. Shame arrests my pen, and I have scarcely reso

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