RIGHTS OF MAN IN SOCIETY. 19. Every individual possesses the right to acquir 1. The purpose of society is the common happi-property and to dispose of it will, unless his will be ness of the people, and government is instituted to contrary to a previous compact or to law. secure it. 2. The felicity of the people consists in the enjoy ment of liberty, security, property and equality of rights in the presence of the law. 3. The law is formed by the free and solemn expression of the general will, declared by agents whom the people elect to represent their will. 20. No kind of labor, art, industry or commerce shall be prohibited to any citizen, save only such establishments as may be required for the subsis tence of the state. 21. No one can be deprived of the least portion of his property without his consent, except when the public necessity requires it, and then under the 4. The right to declare their thoughts and opi-condition of a just compensation. No contribution nions, through the medium of the press, is unre can be required, and established, unless for the gestrained and free, under responsibility to the law for neral utility. Every citizen entitled to suffrage, any violation of the public tranquility, the religious has the right, through the medium of his repreopinions, property and honor, of the citizen. sentatives to advise and consult on the establishment 5 The object of this law is to regulate the manner of contributions, to watch over their application, in which the citizens ought to act upon occasions and to require an account of the same froin those he when reason requires that they should conduct has elected as his representatives. themselves not merely by their individual judgment and will, but by a common rule. 22. The liberty of claiming one's right in the pre sence of the depositaries of the public authority, in 6. When a ci izen submits his actions to the no case can be withheld, nor confined to any parti law which his judgment does not approve, he cular citizen. does not surrender his right nor his reason, but 23. There is individual oppression when one obeys the law because he should not be in-member of society is oppresssd-there is also the fluenced by his own private judgment against the oppression of a number, when the social body is general will to which he ought conform. Thus the oppressed. In these cases the laws are violated, and law does not exact the sacrifice of reason nor the the citizens have a right to deinand the observance liberty of those who do net approve it, because it ne-of the laws. ver makes an attempt upon liberty unless when the 2. The house of every citizen is an inviolable latter viclates social order or swerves from those principles which dete mine that all shall be gevern ed by one common rule or law. 7. Every citizen cannot hold an equal power in the formation of the law, because all do not equal ly contribute to the preservation of the state, to the security and tranquility of society. 8. The citizens shall be ranged in two classes-the one with the right of suffrage, the other without it. 9. Those possessing the right of suffrage, are such as are established in the territory of Venezuela, of whatever nation they may be, and they alone constitute sovereignty. asylum. No one has a right to enter it violently, unles in cases of conflagration, deluge or applica tion, proceeding from the same house: or for objects of criminal proceedings in the cases, and with the essentials determined by law, and under the res ponsibility of the constituted anthorities who have issu ed the decree. Domiciliary visits, and civil execu tions. shall take place only in open day in virtue of the law, and with respect to the person and ob ect expressly pointed out in the act authorising such visitation and execution. 25. Every foreigner of whatever nation he may be, shall be received and admitted into the state of Venezuela. 10. Those not entitled to the right of suffrage are such as have no certain place of residence-those 26. The persons and properties of foreigners shall without property, which is the support of society enjoy the same security as the native citizens, pro-This class, nevertheless, enjoy the benefits of vided always, that they acknowledge the soverei nty the law, and its protection in as full a measure as and independence, and respect the catholic religion, the other, but without participating in the right of the only one in this country. suffrage. 27. The foreigners who reside in the state of Ca11. Noindividual can be accused, arrested or con-racas, becoming naturalized, and holding property fined, unless in cases explicitly pointed out by law. shall enjoy all the rights of citizenship. 12. Every act exercised against a citizen without the formalities of the law, is arbitrary and tyrannical. 13. Any magistrate who decrees or causes an ar bitrary act to be executed, shall be punished with the severity the law prescribes. 14. The law shall protect public and individual liberty against oppression and tyranny. 15. Every citizen is to be regarded as innocent, until he shall have been proved culpable. If ́t be comes necessary to secure his person, unnecessary rigor for the purpose shall be repressed by law. 16. No person shall be sentenced or punished, without a legal trial in virtue of a law promulgated previously to the offence. Any law which punishes crime committed previous to its existence, is ty rannical. A retroactive effect assumed by the law, is a crime. 17. The law shall not decree any punishment not ab-olutely necessary--and that shall be proportionate to the crime, and useful to society. DUTIES OF MAN IN SOCIETY. ARTICLE FIRST. The rights of others in relation to each individual, have their limit in the moral principle which determines their duties, the fulfillment whereof is the necessary effect of the respect due to the rights of each of the individuals. Their basis is these maxims: Render to others the good which you would they should render unto you. Do not unto another that which you do not wish to be done unto you. 2. The duties of every individual, with respect to society, are: To live in absolute submission to the laws-to obey and respect the legal acts of the constituted authorities ; to maintain liberty and equali ty. To contribute to the public expenses. To serve the country in all its exigencies and, if it becomes necessary, to render to it the sacrifice of property and life; in the exercise of these virtues consists genuine patriotism. 18. Security consists in the protection afforded 3. Whoever does openly violence to the lawsby society to each of its members, for the preserva-whoever endeavors to clude them-declares himself tion of his person, his rights, and his property. an enemy to society. 2 4. No one can be a good citizen unless he be a good parent, a good son, a good brother, a good friend, and a good husband. a 5- No one can be a man of worth unless he be candid, faithful and religious observer of the laws; the exercise of private and domestic virtues is the basis of public virtue. DUTIES OF THE SOCIAL BODY. ARTICLE FIRST. The disorders of Europe had inereased the evils under which we before suffered; by obstructing complaints and frustrating the means of redress; by authorising the governors placed over us by Spain, to insult and oppress us with impunity, leaving us without the protection or the support of the laws. It is contrary to the order of nature, impracticable in relation to the government of Spain, and has been most afflicting to America, that territories so The duty of society with respect to its individual much more extensive, and a population incomparamembers, is the social guarantee. This consists in bly more numerous, should be subjected and dethe obligation on the whole to secure to every indi-pendent on a peninsular corner of the European vidual the enjoyment and preservation of his rights, continent. which is the foundation of the national sovereignty The cession and abdication made at Bayonne, the 2. The social guarantee cannot exist unless the transaction at the Escurial and at Aranjuez; and law clearly determines the bounds of the answers the orders issued by the imperial lieutenant the vested in the functionaries-nor when the respon-marshal duke of Berg to America, authorised the sibility of the public functionaries has not been exercise of those rights, which tiil that period the expressly determined and defined. Americans had sacrificed to the preservation and 3. Public succor is a sacred duty of society; it integrity of the Spanish nation. eught to provide for the subsistence of the unfor- The people of Venezuela, were the first who. tunate citizens, either by insuring employment to generally acknowledged, and who preferred that those who are capable of acquiring means of subintegrity, never forsaking the interests of their sistence, or else by affording the means of support European brethren while there remained the least to such as cannot acquire it by labor." prospect of salvation. 4. Instruction is necessary for all: Society ought to promote with all the means in its power, the enlightenment of the public mind, and place instrue tion within the attainment of every individual. This our solemn declaration is to be communieated to the supreme executive power, in order to be proclaimed for the information of all, by such means as it may judge most expedient. Given at the palace of the government DECLARATION OF INDEPENDENCE. In the name of the Most High, America had acquired a new existence: she was able and was bound to take charge of her own safety and prosperity; she was at liberty to acknowledge or to reject the authority of a king who was so little deserving of that power as to regard his personal safety more than that of the nation over which be had been placed. All the Bourbons, who concurred in the futile of stipulations of Bayonne, having withdrawn from the Spanish territory, contrary to the will of the people, abrogated, dishonored, and stamped upon all the sacred obligations which they had contracted with the Spaniards of both worlds, who with their blood and treasures had placed them on the throne, ia opposition to the efforts of the house of Austria: such We the representatives of the federal provinces conduct has rendered them unfit to reign over a free of Caracas, Cumana, Barinas, Margaritta, Barce-people, whom they disposed of like a gang of slaves. lona, Merila, and Truxillo, constituting the confederation of Venezuela, on the southern continent to themselves the authority which belongs only The intrusive governments which have arrogated of America, in congress assembled; considering, to the national representation, treacherously availed that we have been in the full and entire possession themselves of the known good faith, the distance, of our natural rights since the 19th of April, 1810, and effects, which ignorance and oppression had which we reassumed in consequence of the trans produced among the Americans, to direct their pasactions at Bayonne, the abdication of the Spanish sions against the new dynasty which had been imthrone, by the conquest of Spain, and the accession posed upon Spain, and in opposition to their own of a new dynasty, established without our consent principles, kept up the illusion amongst us in favor While we avail ourselves of the rights of men, of Ferdinand, but only in order to Laffle our national which have been withheld from us by force for hopes and to make us with greater impunity their more than three centuries, and to which we are orey: they held forth to us promises of liberty, restored by the political revolutions in hum in affair, equality, and fraternity in pompous discourses, the we think it becoming to state to the world the more effectually to conceal the snare which they reasons by which we are called to the free exercise were insidiously laying for us by an inefficient and of the sovereign authority. degrading shew of representation. We deem it unnecessary to insist upon the un- As soon as the various forms of the Spanish goquestionable right which every conquered country\vernment were overthrown, and others had been holds to restore itself to liberty and independence: successively substituted, and imperious necessity we pass over in a general silence, the long series of had taught Venezuela to look to her own safety, in afflictions, oppressions, and privations, which the order to support the king, and afford an asylum to fatal law of conquest has indiscriminately involved the their European brethren against the calamities by discoverers, conquerors, and settlers of these coun-which they were menaced, all their former services tries; whose condition has been made wretched were disregarded; new measures were adopted by the very means which should have promoted against us, and the very steps taken for the preservatheir felicity: throwing a veil over three centuries tion of the Spanish government were branded with of Spanish dominion in America, we shall confine the titles of insurrection, perfidy, and ingratitude, ourselves to the narration of recent and well-known but only because the door was closed against a facts, which prove how much we have been afflicted: monopoly of power which they had expected to and that we should not be involved in the commotions perpetuate in the name of a king whose dominion disorders, and conquests, which have divided Spain. was imaginary. Notwith standing our moderation, our generosity whatsover, engaging that all who shall co-operate and heparity of our intentions, and in opposition with us shall partake in life, fortune, and opinion, to the wishes of our brethren in Europe, we were declaring and recognizing not only these, but those declared to the world in a state of blockade; hostili fo every nation, in war, enemies; in peace, friends, ties were commenced against us; agents sent brethren and fellow-citizens. among us to excite revolt and arm us against each In consideration, therefore, of these solid, public other; whilst our national character was traduced and incontestible motives, which force upon us the and foreign nations excited to make war upon us. necessity of re assuming our natural lights, thus Deaf to our remonstrances, without submitting restored to us by the revolution of human affairs, our reasons to the impartial judgment of mankind and in virtue of the imprescriptable rights of every and deprived of every other arbitrament but that of people, to dissolve every agreement, convention or our enemies, we were prohibited from all inter social compact, which doth not establish the purpo course with our brethren; and adding contempt to ses for which alone all governments are instituted, calumny, they undertook to appoint delegates for we are convinced that we cannot and ought not any us, and without our consent, who were to assist at longer to endure the chains to which we were contheir cortes, the more effectually to dispose of our nected with the government of Spain, and we do persons and property, and render us subject to the declare like every other independent people, that power of our enemies. we are free and determined to hold no dependence In order to defeat the wholesome measures of our on any potentate, power, or government, than we national representation, when obliged to recognize ourselves establish; and that we now take among it, they undertook to reduce the ratio of our popu-the sovereign nations of the carth the rank which lation, submitting the form of election to service the Supreme Being and nature have assigned to us, committees acting at the disposal of arbitrary rulers and to which we have been called by the succession thus insulting our inexperience and good faith, and of human events and by a regard for our own haputterly regardless of our political importance or our welfare. The Spanish government ever deaf to the demands of justice, undertook to fustrate all our legiti mate rights, by condemning as criminals and devot ing to the infamy of the gibbet, or to confiscation and banishment, those Americans who at different periods had employed their talents and services for the happiness of their country. piness. Although we foresee the difficulties which may attend our new situation, and the obligations which we contract by the rank which we are about to cccupy in the political order of the world; and above all, the powerful influence of ancient forms and habits by which (to our regret) we have hitherto affected -yet we also know, that a shameful submission to Such were the causes which at length have im them, when it is in our power to shake them off, would pelled us look to our own security, and to avert prove more ignominious to ourselves, and more those disorders and horrible calamities which we fatal to posterity, than our long and painful servi could perceive were otherwise inevitable, and from tude. It therefore becomes our indispensible duty which we shall ever keep aloof; by their fell policy to provide for our security, liberty, and happiness, they have rendered our brethren insensible to our by an entire and essential subversion and reform of misfortunes and have armed them against us; they four ancient establishments. have effaced from their hearts the tender impression Wherefore, believing, for all these reasons, that of love and consanguinity, and converted into we have complied with the respect which we owe enemies many members of our great family. to the opinions of mankind, and to the dignity of When, faithful to our promises, we were sacri- other nations, with whom we are about to rank, ficing our peace and dignity to support the cause and of whose friendly intercourse we assure our of Ferdinand of Bourbon, we saw that to the bonds selves, of power by which he united his fate to that of the emperor of the French, he added the sacrifice ofvinces of Venezuela invoking the Most High, to We, the representatives of the confederated prokindred and friends, and that on this account the ex-witness the justice of our cause, and the rectitude isting Spanish rulers themselves have already resolv ed to acknowledge him only conditionally. In this of our intentions, imploring his divine assistance to painful state of perplexity, three years have elapsed to which is Providence has restored us, the ardent ratify, at the epoch our political birth, the dignity in political irresolution, so dangerous, so fraught desire to live and die free, and in the belief, and the with evil, that this alone would have authorised the defence, of the holy Catholic and apostolic religion determination which the faith we had pledged and of Jesus Christ, as the first of our duties. other fraternal attachments had caused us to defer, We, therefore, in the name, by the will and untill imperious necessity compels us to proceed fur der the authority which we hold for the virtuous ther than we had first contemplated; but pressed inhabitants of Venezuela, do solemnly declare to the by the hostile and unnatural conduct of the Spanish world, that these united provinces are and ought to rulers, we are at length absolved from the condi-be, from this day forth, in fact, and of tight, free, tional oath which we had taken, and now take upon sovereign and independent States-that they are us the august sovereignty which we are called here absolved from all allegiance to the crown of Spain, and of those who now call, or may hereafter call, to exercise. But as our glory consists in establishing princi themselves its representatives or agents; and that as ples consistent with human happiness, and not free, sovereign and independent states, we hold full erecting a partial felicity on the misfortunes of our power to adopt whatever orm of government may fellow mortals, we hereby proclaim and declare, he deemed suitable to the general will of its inhabithat we shall regard as friends and companions inftants; to declare war, make peace, form alliances, our destiny, and participators of our happiness, almake commercial alliances, establish commercial those, who, united by the relations of blood, lan-treaties, define boundaries and regulate navigation; guage and religion, have suffered oppression under and to propose and execute all other acts, usually the ancient establishments and who shall assert their made and executed by free and independent nations; independence thereof, and of any foreign powerland for the due fulfilment, validity and stability of this, our solemn declaration, we mutually and recif J. Ant. Rodriguez Dominiques, 5. If the ecclesiastic in ordinary, shall insist on his refusal, the author may have resourse, with a copy of the work, to the government who shall examine it, and if found worthy of publication, shall notify its approbation to the ordinary, who again revising it, shall put a stop to all further resort. 6. When the authors of such shall not be present, or at two great a distance to attend the summons, a person of public character and of known science shall be appointed as the defendant, according to the law 38 of the 7th book. 7. Authors and printers shall be individually Luis Ignacia Mendo, representative, vice-responsible for the abuse of the press. president of Nutrias, in province of Barinas. 8. All writings are prohibited subversive of the Signed by the representatives, assembled, of the government established at Venezuela, constituting provinces of Caracas, Cumana, Barcelona, Barinas, its liberty and independence on any power or domiMargaritta, Merida, Truxillo, and Villa of Aragua nion beyond its territory, and the authors and printand province of Barcelona. ers shall be punished according to the laws and these regulations. A true copy, (L. S.) FRANCISCO IZNARDI, Secretary. DECREE OF THE SUPREME EXECUTIVE. Federal Palace of Curacas, 8th July, 1811. By the executive power of the confederation of Venezuela, it is ordained, that the above declaration of independence be published, carried into effect, and be of full authority throughout the states and territories of this confederation. Cristoval de Mendoza, 9. Defamatory libels, calumniating and licentious writings, or these infringing public decency and good morals, shall be amenable to the established laws, and those which are pointed out. 10. Never shall the character of moral qualities of individuals be attacked: political opinions are alone a subject of criticism. 11. Authors (under this appellation is included the editor, or the person offering the manuscript,) President pro tem. shall not be obliged to affix their names to the publications, although not exempted on that acconnt from their responsibility: for this effect the printer must substantiate the name of the author, as in failure he will be himself liable to the punishment of the unknown. Juan de Escalona, Carlos Machado, Secretary of State. Grand Chancellor. Jose Toma Santana, LEGISLATURE OF CARACAS. 12. Anonymous publications, or self-assumed signatures shall be permitted; but the printer must Sec'ry of foreign affairs. indentify the author, whose name he shall not be compelled to disclose, until the work be condemned by a legal authority; he is otherwise responsible. 13. Printers are obliged to sign their names and REGULATIONS OF THE LIBERTY OF THE PRESS, appellations, with the place and year of the impresThe legislature of Caracas convinced, that the sion, in every print, of whatever size or shape, press is the medium best adapted to the communi-excepting only on invitation cards, keeping in sation of universal light, and that the facility with mind, that the falseness or omission of these requiwhich a people can give publicity to their thoughts sites, shall subject them to the punishment suitable is the only check upon the ambition of their rulers, to the intention or malice intended. have determined the press, under the following 14. All bodies, colleagues and committees are interrestrictions, to be free. dicted the use of presses without the express permis1. All bodies corporate and individual persons of sion of government, under pain of confiscation, &c. whatever state or condition, are at liberty without 15. Printers, who are ignorant of the authors or license, revision or approbation to write print and editors of works they shall print, shall not proceed publish their ideas, as well on political as on other with the impression till their names are indentified subjects. with the names of two witnesses, who shall be 2. All licenses therefore previous to political pub-obliged to sign the manuscript in company; other. lications are abolished, and the laws done away wise, to be responsible as if the authors. which required a license, particularly the first law 16. Authors, or editors, abusing the liberty of the of the twenty-fourth book of the first summary of press, who shall contravene the regulations of this the laws of the Indies, which ordained that no paper ordinance, shall not only suffer the pain announced whatever, treating of these dominions should be by the law, but shall also have their names and the published without a special license obtained from punishment they have received published in the the council of the Indies. government gazette. without a 3. Are exccpted from this regulation, all treatises 17. Authors on subjects of religion, w on religious subjects, relating to their dogmas or previous license, shall be punished according to the fundamental principles, as from the moment of laws already published, and over and above incur a their publication they are subjected to the censure fine of 100 dollars for the first offence, 200 dolla s of the ecclesiastics in ordinary, according to the with the forfeiture of their presses for the second, council of Trent. and for the third, banishment from the province. 4. No books, consequently, on religion, can be 18. Authors of political works, who abusing the published without previous license of the priest, liberty of the press, shall disseminate maxims conwho shall not however pass his censure without a trary to the government, shall be punished as the previous audience of the author, conforming him-statutes direct for such offence, and be further muletself to the spirit of the constitution provided by his fed to the fine of 200 dollars for the first offence, holiness father Benedict the 14th, and to the dictates 100 dollars for the second, and for the third accordof justice. ing to the intention and malice of the author. 19. Authors, editors, or printers of writings (The population of Ireland-(1801)against the government established at Venezuela, as in article viii. shall be punished with death. was--persons Of 63 marriages only three are found. Married couples are, to the whole po- 20. Authors, &c. of libellous or defamatory writings against bodies of men or individuals, shall incur the same punishment as the crimes deserve with which they have accused them. Births are, to the population, as 1 to 28 21. But, if imputation although certain be detri-Menial servants, ditto, as 1 to 11, nearly mental, then the author, &c. according to the laws Inhabited houses in England are already made, with a view to the enormity of the Uninhabited do. circumstances of the offence. do. Inhabited houses in Ireland ditto Britain with upwards of 5,000 inha 22. Authors, &c. of licentious writings, or of Uninhabited those contrary to christian morality and public de-There are 122 cities and towns in Great cency, shall be punished for the first offence by deprivation of the right of suffrage in public elections; for the second offence 200 dollars; and for the third, banishment from the capital for two years. 23. Printers, who shall omit to sign their names, &c. as in article 13, shall be punished, even allowing the works themselves to be harmless, 100 dollars for the first offence, 200 for the second, and for the third 300 and banishment from the province. 24. The supreme executive power and the high court of justice, shall have jurisdiction over all offences abusive of the liberty of the press, regulating themselves by the laws already in force and those of this regulation. FRANCISCO X. YANES, President. EXTENT, SURFACE, &c. The sea coast of Great Britain is in England and Wales contain,square miles Ireland In England there are, ditto ditto acres acres of uncultivated land In the whole Island acres dilta ditto In Ireland there are( Irish acres,7 yards There are 12 acres to every person in MONEY, STOCKS, &c.. Sinking fund 5,496,944 1,575,923 56,300 697,618 24,130 3,809 49,450 27.749 27,457 34,271,000 12,151,471 19,565,540 5,370,000 50,409,413 12,001,200 £811,893,082 $3604,805,284 196,546,775 872,678,781 Nominal public debt of 75,000,000 333,000,000 10,979,089 Bank of England notes in circulation, £14,668,640 884,120 3,659,796 Under £5 5,854,170 $93,936,96,9 1,011,891 7 45 $12,251,364 £84,000,000 472,860,000 1810) 20,000 The rents of lands in Mendicants 674,220 $4,570,333,417 £27,000,000 119,880,000 venues,resources and 243,000,000 1078,920,000 earnings of individu als, of every descrip tion. |