Page images
PDF
EPUB
[blocks in formation]

the senate or the council shall immediately inform the provin. ces to send eir representatives (mandataires) to elect a president.

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

This commission shall provi. sionally execute the laws, with the consent of the secretaries, until the election of a new president. If the senate is not in session, the secretaries shall form provisionally a vice-gubernatorial council to convoke the senate immediately, which, however, shall also assemble without being specially summoned. In each of these cases,

CHAP. 7. Concerning the President of Greece.

104. The executive power is vested in the president, (gadgos.)

105. The president is declared to be inviolable.

.106. The secretaries are responsible for their public acts.

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

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

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

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

sent.

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

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

113. He shall correspond with foreign powers.

114. He shall have the power to declare war, make treaties of peace, alliance, &c., according to article 97.

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

116. He may convoke the se. nate on extraordinary occasions,

and prolong the session, according to the exigency of the occasion, until 4 or 5 months.

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

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

a

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

125. He shall sanction and promulgate the laws pursuant to arti

cle 74.

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

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

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

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

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

133. They shall be liable to be

123. The term of office of the accused before the senate of treapresident is seven years. son, of extortion, and of violating the fundamental laws, by signing an ordonnance.

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

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

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

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

127. The president and senate are prohibited from consenting to any treaty, which shall aim at the destruction of the political exist. ence of the nation, and of its inde. pendence. CHAP. 8.-Concerning the Secreta. ries of State. 128. The executive power shall

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

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

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

136. The president shall administer the following oath to the

senators:

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

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

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

[blocks in formation]

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

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

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

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

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

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

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

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

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

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

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

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

[blocks in formation]

al Government of Greece will, with a lively satisfaction, perceive in this transaction the determination of the three powers to exact from the Ottoman Porte the maintenance of the armistice announced by the Reis Effendi on the 10th of September, 1828, as existing de facto on the part of the Turks; and, in consequence of that determination, the undersigned has no doubt that his Excellency will appreciate the just hope of the Allied Courts, to see immediately adopted by the Greek government measures conformable to their wishes, either by declaring a suspension of hostilities on all points on which the contest is at present carried on, or by recalling territory placed under the guaranty its troops within the limits of the of the three powers by the act of the 16th of November, 1828. This measure will prove the good faith and loyalty of the principles which animate this government, and the just confidene which it places in the solicitude of the august powers of the alliance for Greece. the true interests and happiness of

of this opportunity to offer to his The undersigned avails himself Excellency the President of the Government the assurance of his highest consideration.

E. DAWKINS. (Signed) Egina, May 18.

Answer of the Greek government to the note addressed to it by Mr. Dawkins, relative to the armistice. The Provisional Government of Greece has received the note which Mr. Dawkins did it the honour to present to it on the 18th of May, in order to communicate to it, by order of his court, the protocol of the 22d

[ocr errors]

of March, Signed by the plenipotentiaries of the powers who were parties to the treaty of the 6th of July, 1827, and in order to call its attention more particularly to the clause of that protocol which relates to the armistice.

The Resident announces the hopes which the Allied Powers entertain of hearing, that, in conformity to the wishes which they express in the aforesaid clause, the Greek government will declare a suspension of hostilities, and will recall its troops within the territory, placed under the guaranty of the three powers by the act of the 16th of November, 1828. The Greek government must acknowledge, in the first place, the sentiments of gratitude with which it receives for the first time the official communication of acts which relate to the measures by which the allied courts hope to attain, without further delay, the philanthropic and Christian object which gave rise to the treaty of the 6th of July.

"This communication, however, leaves the Greek Government to desire much information, which it has not received even up to this day. It has never had any oficial know. ledge of the note of the Reis Efiendi of the date of the 10th September, upon which the hope ef an armistice appears to depend.

"If that document, in conformity with the text, which private correspondence has placed within its knowledge, of other information, did not more particularly characterize the nature of it, the Greek Government could only see in the letter of the Reis Effendi an evasive answer, by means of which the Porte rejects once more in principle the mediation which was offered to it by the treaty of the 6th of July.

"In resting upon an armistice de facto, which is in reality nothing more than a defensive attitude revocable at pleasure-in declaring on its side, and upon that basis, the cessation of hostilities, the Greek government would depart from the principles laid down in the said treaty, and would at the same time contract an engagement which it would not be in its power to fulfil. It is ignorant of the extent of territory guarantied by the alliance, seeing that the protocol of the 16th of November, 1828, which Mr. Dawkins mentions, has never been communicated to it; but even though that communication had been made to it in due season, it would deem itself to have failed in good faith and loyality, which alone can entitle it to the confidence of the august allied sovereigns, if, placing before their eyes the real state of affairs, it had not proved to them that it was not in its power at the end of last year, as it never will be, to transport by an act of authority, into the heart of the Peloponnesus and the adjacent islands, the miserable population of the provinces situate beyond the isthmus of of Corinth.

"These provinces, as well as those of the Peloponnesus and the islands, contracted in the hour of trial and misfortune a solemn engagement never to separate their cause. These engagements are confirmed by public acts under a double sanction-the sanction of the national congress, and the still more inviolable one of oaths.

"Can the Greek government, whose only power is founded on these same acts, infringe them by establishing a line of separation between continental Greece and the Peloponnesus, seeing that it is

[ocr errors]
« PreviousContinue »