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capital of the Democratic Empire. Each National and State government shall determine for itself the locality of its capital. § 30. In each degree of government there shall be three branches: 1. Legislative. 2. Judiciary. 3. Executive. § 31. It shall be the business of the legislative branch of government to enact such laws as shall tend to the constant advancement of all its citizens to constantly higher grades of education, morality, piety, and happiness, and such as shall tend to the constant decrease of ignorance, immorality, vice, and misery. The Legislature should prohibit and declare unlawful all kinds of traffic and every practice which tends to crime and PRODUCES MORE Evil, THAN GooD To ITS CITIZENs. The law never speaks but to command ; nor commands where it has no power to compel. Consequently there are many voluntary duties and undefined offenses which are beyond the power of legislation. Among these are, piety to God; respect of parents; benevolence to the poor; gratitude to benefactors; luxury; prodigality; disrespect to parents; envy, hatred, and malice. w § 32. It is the certainty of the law that gives stability to a government, and the principles of the common law, which are the accumulated wisdom of ages, should not be overturned and subverted by the Legislature unless enforced by absolute necessity. Hasty and reckless legislation is the bane of any government. § 33. The power to make laws may be regarded as the Supreme power in the government. It should be placed in the hands of the most able and cautious jurists in the land.
AFRTICILDHD XIII. THE LEGISLATIVE POWER. § 34. The legislative power in each grade of government shall be vested in a Senate and House of Representatives. The members of the State House of Representatives shall be selected annually. Those of the National House of Representatives shall hold their office for two years, and those of the Imperial House of Representatives shall hold their office for
CONSTITUTION OF THE DEMOCRATIC EMPIRE. 21
four years. The qualifications of Representatives in each degree of government shall be fully and accurately prescribed by the law of the government. No person shall be elegible unless he is fully qualified to fill the office.
§ 35. The members of the State Senate shall hold their office for two years, those of the National Senate for four years, and those of the Imperial Senate for six years. Their number, qualifications, and mode of selection shall be determined by law. Both houses shall be governed by the usual rules of parliamentary proceedings. The legislative body in a State shall be known and designated as a “Legislature ;" in a nation as a “Congress;” and in the empire as a “Parliament.”
§ 36. It shall be the business of the judicial branch of the government, with or without the aid of a jury, to apply the law to every statement of facts duly heard and determined before them. The judicial power shall be vested in courts duly organized by the law of the government.
A R T C C I, EC X TV .
§ 37. The executive power of a State shall be vested in a Governor, who shall hold his office for two years. The execu. tive power of the nation shall be vested in a President, who shall hold his office for four years. The executive power of the empire shall be vested in an Emperor, who shall hold his office for six years. It shall be the business of each to see that the laws of his government are faithfully executed. The Governor, President, and Emperor shall be ineligible for the next succeeding term of office after the term for which he is selected expires. The salary or compensation of each officer of government shall be settled by the law of the government to which he belongs. Every act of the legislative branch of the government shall be presented to the chief executive officer of the government for his signature before it becomes a law. If such executive officer approve the same, he shall sign it; if not, he shall return the same to the branch of the Legislature in which it shall have originated, with his objections thereto. If the same is reconsidered and passed by two thirds of the members of both branches of the Legislature, it shall become a law, notwithstanding the objections of the executive.
DISTRIBUTION OF POWERS AMONG THE THREE DEGREES OF
§ 38. The most natural and the most equitable distribution of the powers of government, and that which is most likely to secure permanent peace and good order throughout the empire, should be adopted.
A ERTICT, ED XVII.
§ 39. The State government should have the power to make, apply, and execute all laws peculiar to the State.
$ 40. The people of the State, in their right of sovereignty, possess the original and ultimate title to all the lands within the jurisdiction of the State. The citizen holds his lands subject to the superior title of the people of the State. The people of the State may take such lands or other property for any public use upon payment of a just compensation therefor. On failure of title for defect of heirs, the title reverts to the State. Hence the State government should have exclusive authority to make all laws regulating the acquisition, the enjoyment, and the transmission of all the real and personal property within the State.
§ 41. The State regulates the descent of the property of its citizens who die intestate—grants to its citizens power to devise or bequeath their property by last will and testament— defines the right of the widow to dower and the right of the husband to curtesy—defines the powers and duties of executors and administrators—creates corporations—regulates the boundaries of towns, counties, and districts—prescribes the mode of selecting its public officers—organizes its militia for the defense of the State—regulates the assessment and collection of taxes—provides for the public instruction of the
CONSTITUTION OF THE DEMOCRATIC EMPIRE. 23
children of the State—establishes and regulates highways, bridges, and ferries—provides for the support and maintenance of the poor—provides employment for beggars and vagrants— regulates the navigation of its rivers—prescribes the manner of creating and annulling the marriage contract—defines the effect of such contract upon the property of the parties to the contract—defines the mutual rights and duties of parent and child, guardian and ward, master and servant—establishes or prohibits slavery within its boundaries, and regulates or abolishes the same at pleasure. : § 42. The State establishes its courts of justice—-provides for the protection and enforcement of right, the redress and prevention of wrong—defines the various crimes, and affixes the grade of punishment. § 43. These rights, powers, and duties belong exclusively to each and every sovereign State. No other State, and no citizen of another State has a right, under any pretense whatever, to interfere with these domestic rights and institutions.
_A_ERTICILIHD XVIII. POWERS OF THE NATIONAL GOVERNMENT. § 44. The National Government should have the power to make, apply, and execute all laws which are common to all the States composing the nation. The National Government must regulate the boundaries of States; control and regulate the national Territories, and provide for their admission as States; control the sale of the national lands; establish courts having jurisdiction of all cases in law and equity, arising under the national Constitution and the national laws; cases which arise between two States of the nation ; cases between a State and citizens of another State; cases between citizens of different States. § 45. The right of Eminent Domain should exist in the National Government, and the National Government should have the right to take any lands or other property for public use upon paying a just compensation therefor, whenever the safety and welfare of the nation shall require it. The National Government should make all laws in reference to internal improvements, and control and regulate the postoffices and post-roads within the boundaries of the nation.
_A RTICLE XIX.
§ 46. The government of the Democratic Empire should have power to make, apply, and execute all laws which are common to all the Republics comprising the Empire. § 47. Among the powers of the Government of the Empire are the following: 1. To hold and control all forts, magazines, arsenals, and navy-yards. 2. To raise and support a standing army. 3. To provide and maintain a navy. 4. To secure domestic tranquillity and provide against foreign invasion. 5. To declare war and conclude treaties of peace. 6. To define and punish felonies committed on the high SeaS. 7. To establish a uniform tariff for the purposes of revenue, and to regulate the same. 8. To coin money, and regulate the value of foreign coin. 9. To establish a uniform mode of pleading and practice in all courts—State, National, and Imperial. 10. To grant copyrights to authors, and patent-rights to inVentOrS. 11. To establish uniform rules of naturalization. 12. To take such lands or other property as may be necessary for public purposes, upon payment of a just compensation therefor, when the safety and welfare of the nation shall require it. 13. To make all laws necessary for carrying into execution these powers. 14. To establish courts having jurisdiction of all cases in law and equity arising under the Constitution and the Laws of the Empire. § 48. When men enter into a state of society they surrender some of their natural rights to that society, in order to insure the protection of others; and whenever that protection ceases, these natural rights at once revert, and the surrender becomes void. There is no allegiance to a government when the government fails or ceases to protect.