CONSTITUTION of the United States of Venezuela.— (Translation.) TITLE I.-The Nation. Section 1.-Concerning Territory. ART. 1. The territory of Venezuela includes all that which before the political transformation of 1810 was called the Captaincy-General of Venezuela, with the modifications resulting from public Treaties, and the territories of the States and that of the Federal District, and that of the Federal territories, Amazones and Delta Amacuro, and that of the Venezuelan islands in the Caribbean Sea. 2. The general boundaries of each State are those which they now have, and they shall be determined by those laid down by the Law of 28th April, 1856, for the old provinces, except the modifications established in the Constitution adopted by the National Congress on the 4th August, 1909,* which was ordered to be put into effect on the 5th August of the same year. 3. Pending controversies between the States, on account of their boundaries and those which may arise in future from the same reason, shall be submitted by the Senate upon petition of one or more of the respective States, for its decision to a Tribunal of Arbitrators, to be freely named by the Federal Executive. 4. The Federal District, which shall be organized by a special law, shall be composed of the city of Caracas, together with its outlying parishes, El Recreo, El Valle, La Vega, Antimano, Macarao, Macuto, and the department of Vargas. 5. The Federal territories, Amazonas and Delta Amacuro, which shall be organized by a special law, can opt to become States, provided always that they comply with the following conditions: (1.) That they have at least the population required for the election of a deputy, in accordance with this Constitution. (2.) That they establish to the satisfaction of Congress that they are able to maintain the public service in all its branches and to defray the expenses necessary for this purpose. Sole Paragraph.-The islands belonging to the Venezuelan Union in the Caribbean Sea shall be subordinated directly to the Federal Executive, with regard to their government and administration, until they become populated and may constitute one or more territories. 6. The seat of the general authorities of the Union is the city of Caracas, capital of the United States of Venezuela, but the executive power may fix its residence temporarily at any other point in the Federal District whenever unforeseen circumstances require it. * Vol. CV, puge 886. 7. The territory of the nation cannot be alienated, nor leased nor ceded in any way whatsoever to a foreign Power. Section 2.-Concerning Venezuelans. 8. The Venezuelan nation is the reunion of all Venezuelans under the same pact of political associations by the name of the United States of Venezuela. 9. The Venezuelan nation is for always and irrevocably free and independent of every foreign Power or domination, and in no case and by no act can an authority, Congress, or Power change the form of government, which is and shall be republican, federa!, democratic, elective, representative, responsible, and alternative. 10. The Venezuelan nationality is acquired by birth or by adoption. (a.) Venezuelans by birth are— (1.) All those born in the territory of Venezuela. (2.) The children of Venezuelan parents whatever their place of birth. (6.) The following acquire Venezuelan nationality:(1.) Children of full age of a Venezuelan father or mother by naturalization, born outside of the territory of the Republic, if they afterwards take up their residence in the country and manifest their desire to be Venezuelans. (2.) All persons born or who may hereafter be born in Spanish-American countries, provided that they have established their residences in the territory of the Republic and manifested their desire to be Venezuelans. (3.) Foreigners who may have obtained certificates of naturalization in conformity with the law. (4.) All foreign women, married to Venezuelans, so long as a watrimonial bond exists or after this bond is dissolved, if they shall have complied with the provisions of the following Article within the year following such dissolution. 11. The declaration of intention to become a Venezuelan must be made before the principal Registrar of the jurisdiction in which the person making such declaration establishes his domicile, and the latter, upon receiving it, shall record it in the proper record and shall send a copy thereof to the Federal Executive for its publication in the "Official Gazette." Sole Paragraph.-Naturalization shall not be considered to be acquired until the Executive orders and completes the publication above referred to. 12. Venezuelans over 21 years of age, who fulfil the conditions required by this Constitution, are electors and eligible to office. 13. All Venezuelans are obliged to serve the nation in conformity with the requirements of the laws. 1 14. Venezuelans shall enjoy, throughout the entire territory of the Union, equal rights and shall be subject to equal obligations without other conditions than those established in this Constitution and the laws. Section 3.-Concerning Foreigners. 15. The rights and duties of foreigners are fixed by law, can in no case be greater than those of Venezuelans. but 16. Foreigners, domiciled or transient, who shall take part in any political controversies, shall be subject to the same responsibilities as Venezuelans and to the provisions of paragraph 26, Article 79, of this Constitution. 17. In no case can nationals or foreigners claim that the nation or the States shall indemnify them for damages, injuries, or expropriations which shall not have been effected by legitimate authorities, operating within the scope of their public capacity. 18. The Government of Venezuela shall not conclude Treaties with other nations entrenching upon the principles established in the two foregoing Articles. 19. The States of Anzoátegui, Apure, Aragua, Bolivar, Carabebo, Cojedes, Falcon, Guárico, Lara, Mérida, Miranda, Monagas, Nueve Esparts, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora, and Zulia, which form the Venezuelan Union, reciprocally recognize their autonomy; they declare themselves equal in political entity; they conserve in its entirety the sovereignty not delegated by this Constitution, and they bind themselves to defend themselves against every violence that may injure their independence and the integrity of the Union, and to establish their internal rule and government upon the following fundamental basis: (1.) To preserve the national flag and coat of arms of Venezuela, in conformity with the laws applicable thereto. (2.) To organize themselves in conformity with the principles of popular, elective, federal, representative, responsible, and alternative Government, and to elaborate their Constitutions in conformity with the principles of this fundamental pact. (3.) To fulfil and to cause to be fulfilled and executed the Constitution and the laws of the Union, and the decrees, orders, and resolutions which the Federal Powers may issue in the exercise of their legal attributes and powers. (4.) To recognize in their respective Constitutions the municipal autonomy of the districts and their independence of the political power of the State in all that concerns their economic and administrative rule; in consequence the District Councils may establish their financial systems, subjecting the same to the provisions of Articles 10, 11, 12, and 13, Article 22 up to the first paragraph of the 15th guarantee, and Article 117 of this Constitution. In cases of internal or external war, the executive power of the State shall also assume the administration of the districts within its jurisdiction in so far as concern its economic and fiscal affairs, with the assent of its Legislative Assembly, and, if this be not in session, then with the assent of its Supreme Court. (5.) Not to alienate to a foreign Power any part of their territory, nor to ask its protection, nor to establish or cultivate political or diplomatic relations with other nations. (6.) Not to associate or ally itself with another nation, nor to separate from Venezuela. (7.) To cede to the Government of the Federation the territory necessary for the erection of forts, wharves, warehouses, naval yards, penitentiaries, ways of communication, quarantine stations, national buildings, and other works indispensable for the general administration. (8.) To allow to the Federal Executive the free administration of the territories of Amazones and Delta Amacuro, which shall have the option of becoming States when they have fulfilled the conditions laid down in Article 5 of this Constitution. (9.) To reserve to the Federal Power all legislative and executive jurisdiction concerning () mails, telegraphs, and telephones; (b) maritime, coastwise and fluvial navigation, and concerning wharves and national highways, without the power to restrict by imposts or navigation privileges the rivers and other navigable waters which have not required any special works in order to be made navigable. National highways are those which cross a State or territory or the Federal district, and pass beyond its boundaries. (10.) Not to establish custom-houses for the collection of imposts, since there shall only be national customs dues, and not to impose contributions upon products destined for exportation. (11.) Not to establish imposts upon cattle, products, effects, or any other class of merchandise, domestic or foreign, before they are offered for consumption. (12.) Not to prohibit the consumption of cattle, manufactures, and other products of other States, nor their transit, nor to burden the latter with greater or less imposts than such as their own similar products pay in the locality whence the former come. (13.) Not to create imposts the enforcement of which would require the co-operation of the fiscal administration of the nation. (14.) To reserve to each State the right of disposing of its natural products in the manner established in clause 27 of this Article. (15.) To give entire faith to the public acts and judicial procedure of the other States, of the Federal district, and of the Federal territories, and to cause them to be fulfilled and executed. (16.) To organize their Tribunals and Courts for the administration of justice, and to have the same substantive civil, mercantile, and penal legislation, and the same procedure. (17.) To reserve to the nation the right of legislating concerning public instruction, and to establish schools of primary, obligatory, and free instruction, and free schools of arts and trades. (18.) To assist in the formation of the Federal Court of Cassation, in the manner prescribed by this Constitution. (19.) To submit to the decisions of the Federal Court of Cassation as the Supreme Federal Tribunal of the States. (20.) To adopt the system of direct voting for the election of Municipal Councils, Legislative Assemblies, and Chambers of Deputies and for the election of their other functionaries of popular election, the indirect vote or vote by delegation; in both cases the vote to be secret and to have as a basis the electoral census, pursuant to the Federal law on the subject. (21.) Not to impose upon the employees of the Federal power duties which are incompatible with the national public service. (22.) To furnish the proportional unarmed contingent in order to make up the national public force, in accordance with the provisions of law. (23.) Not to permit in their territory recruitings or levies which might have as an object an attack on liberty or independence, or the disturbance of the public order of the nation or of other States or of another nation. (24.) In no case to declare or make war, and to preserve strict neutrality in all controversies arising between other States. (25.) To refer and submit to the decision of the Federal Court of Cassation, as the Supreme Federal Tribunal, in all controversies arising between two or more States when they cannot by themselves and by specific measures arrive at a settlement. If for any reason, in case of a resort to arbitration, they do not designate the Arbitrator to whose decision they submit, the controversy shall be submitted to the Federal Court of Cassation. Controversies relative to boundaries are excepted, and these shall be decided in conformity with the provisions of Article 3 of this Constitution. (26.) To acknowledge the jurisdiction of the Federal Court of Cassation to hear and decide the cases which, on account of treason to the country or the infraction of the Constitution and general laws of the Republic, are brought against those exercising the executive authority of the States, who shall be obliged to put this provision in their Constitutions. In such cases the procedure laid down by the national laws shall be followed. (27.) To retain as their own revenue— (a.) The products of the contributions collected under the name of Territorial Impost in all the custom-houses of the Republic. |