Observations On Perception

---

*

*

Scope and Use

This entry forms part of the constitutional corpus presented in the Appendix, comprising the twenty-five constitutions of Venezuela and organized for consultation rather than sequential reading.   Comparison proceeds by means of permanent rubric codes whose identities remain constant across the corpus; absent rubrics signify constitutional silence, while retired rubrics are not reassigned.   Citations are anchored first on the article number and follow the CIDEP recension linked at the close of the entry.   The full corpus definition, methodology, and citation convention are set forth in the Scope and Use note heading the 19th-Century Constitutions, which opens in the installment of “Unmasking Disappointment: Series XI”.

Translation Convention

Institutional and technical names are given first in italicized Latinate Castilian and followed by their contemporary Latinate English equivalents in brackets.  All constitutional quotations appear in italic type between quotation marks and are rendered in contemporary Latinate English, faithfully preserving the substance and distinctions of the original charters.  Comparative references are restricted to 1858 against 1857 and 1864 against 1858.  The apparatus retains the classifications cont., cf., and new.

---

* *

5). The Constitution of 1858

The Constitution of 1858 (Constitución política del Estado de Venezuela [Political Constitution of the State of Venezuela]) was sanctioned by the Convención Nacional [National Convention] at Valencia on December 24, 1858, and promulgated on December 31, 1858, by the Jefe provisional del Estado [Provisional Chief of State], Julián Castro, following the March Revolution.

DOC-PRE—Preámbulo [Preamble]

(modern Latinate English translation by the author from the CIDEP recension)

“Constitution of the Republic of Venezuela under the auspices of the Supreme Legislator of the Universe.  We, the Deputies of the Provinces of Venezuela, assembled in National Convention for the purpose of forming the most perfect union, establishing justice, securing domestic tranquility, providing for the common defense, promoting the general happiness, and securing the precious gift of liberty for ourselves and our descendants, ordain and establish the present Constitution.”

FND-TER—Territorio [Territory]

The Constitution of 1858 declared the Nación venezolana [Venezuelan Nation] forever and irrevocably free and independent of every foreign power and provided that it was not and would never become the patrimony of any family or person (Title I, Art. 1; cont. 1857, Title I, Art. 1).

La Soberanía [Sovereignty] was vested essentially in the Nation (Art. 2; cf. 1857, Title I, Art. 2:  “Sovereignty resides in the Nation, and the Powers established by this Constitution are delegations from it for the purpose of securing order, liberty, and every right.”).

The territorio de la República [territory of the Republic] comprised all that, before the political transformation of 1810, had been denominated the Capitanía General de Venezuela [Captaincy General of Venezuela], with all its rights and appurtenances, and was divided into Provincias [Provinces], Cantones [Cantons], and Parroquias [Parishes] (Art. 3; cf. 1857, Title I, Art. 3:  “The territory of Venezuela comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela and, for its better administration, shall be divided into provinces, cantons, and parishes.”).

Depopulated territories designated for colonies, together with territories occupied by Indigenous tribes, could not be separated from the provinces to which they belonged by the congresos constitucionales [constitutional congresses] and governed by special laws (Art. 4; new; cf. 1857: no corresponding provision).

No part of the national territory could pass by alienation into the dominion of another power, except through arrangements indispensable for determining the boundaries of the Republic with neighboring nations, provided that no community thereby lost its nationality (Art. 5; new; cf. 1857, Title IX, Art. 38, no. 6:  “To decree the alienation, exchange, or acquisition of territory.”).

POW-LEG—Congreso [Congress]

The Constitution of 1858 vested the Poder Legislativo [Legislative Power] in a Congreso [Congress] composed of a Cámara de Diputados [Chamber of Deputies] and a Cámara del Senado [Chamber of the Senate] (Title VI, Art. 30; cont. 1857, Title V, Art. 16).

Congress assembled annually in the capital of the Republic on January 20 without need of convocation, and its sessions continued for ninety days (Art. 31; cf. 1857, Title V, Arts. 17, 19:  “Congress shall assemble annually in the capital of the Republic on February 1, or on the earliest possible date thereafter, although it has not been convoked.”  “The regular sessions shall continue for ninety days and may be extended for as many as thirty additional days when Congress considers it necessary.”).

A quorum of two-thirds of the members of each Cámara [Chamber] remained necessary to open the sessions, while their continuation required the attendance of one-half plus one of the total membership of each Chamber (Arts. 32–33; cf. 1857, Title VIII, Arts. 29–30).

The Chambers installed themselves, opened and closed their sessions on the same day, and resided in the same locality.  A transfer to another place or a suspension exceeding two days was determined by the absolute majority of Congress in joint session (Art. 34; cf. 1857, Title VIII, Art. 31).

Each Chamber adopted its own reglamento [rules], maintained order within its place of assembly, imposed the prescribed disciplinary measures, and issued its internal resolutions without the sanction of the President or the concurrence of the other Chamber (Arts. 35–37; cont. 1857, Title VIII, Art. 32).

The Chambers assembled in Congress when required by the Constitution or the law, or whenever they considered it necessary.  The Presidente del Senado [President of the Senate] presided, and the Presidente de la Cámara de Diputados [President of the Chamber of Deputies] served as Vice-President (Art. 38; cont. 1857, Title VIII, Art. 33).

The sessions were public but could be declared secret by the respective Chamber (Art. 39; cont. 1857, Title V, Art. 18).

The Senadores y Diputados [Senators and Deputies] possessed that character by the Nation and not by the Province that appointed them (Art. 40; cf. 1857, Title VIII, Art. 35:  “The Senators and Deputies possess that character by the Nation and shall receive neither orders nor instructions from the electoral Assemblies or from any other corporation.”).

The President and Vice-President of the Republic, the Secretarios del Despacho [Secretaries of the Cabinet], the Ministers of the Supreme and Superior Courts, the Governors, and military officers in active service were ineligible for election as Senators or Deputies (Art. 41; new; cf. 1857: no corresponding provision).

The exercise of any other public function was incompatible with the office of Senator or Deputy during the sessions (Art. 42; cf. 1857, Title VIII, Art. 37).

Senators and Deputies enjoyed inmunidad [immunity] in their persons and property while attending the sessions and while traveling to and returning from Congress.  They could not consequently be sued or subjected to civil execution, arrested, or detained except for an offence punishable by death; in other cases involving a corporal or infamous penalty, the judge transmitted the preliminary record to the respective Chamber so that it could suspend the accused and place him at the disposition of the competent judge (Art. 43; cf. 1857, Title VIII, Art. 34).

Senators and Deputies incurred no responsibility for the opinions or speeches expressed in the Chambers (Art. 44; cont. 1857, Title VIII, Art. 36).

Senators and Deputies could accept appointments as Secretaries of the Cabinet, diplomatic agents, or military commanders in time of war, but acceptance vacated their legislative office (Art. 45; cf. 1857, Title VIII, Art. 37).

The offices of Senator and Deputy were freely accepted; once accepted, a resignation required admission by the respective Chamber (Art. 46; cf. 1857, Title VIII, Art. 32, no. 2).

Senators and Deputies received the indemnización [compensation] fixed by law for the days of the sessions and viático [travel allowance] for their journey to Congress and return to their homes (Art. 47; new; cf. 1857: no corresponding provision).

Each Chamber judged the qualifications of its own members and heard their resignations (Art. 48; cont. 1857, Title VIII, Art. 32).

The Senado [Senate] consisted of two Senators from each Province, elected by the Legislaturas provinciales [provincial Legislatures] by an absolute majority of votes; the suplentes [alternates] were elected in the same manner (Title VII, Art. 49; cf. 1857, Title VII, Art. 25; Title VIII, Art. 35, sole paragraph).

Deputies serving in a provincial Legislature could not be appointed principal or alternate Senators for the Province in whose Legislature they served (Art. 50; new; cf. 1857: no corresponding provision).

Senators served for four years and were renewed by halves every two years (Art. 51; cf. 1857, Title VII, Art. 27:  “The Senators shall serve in their offices for six years, with renewal conducted in the manner prescribed by Article 23 for the Deputies.”).

Eligibility for the Senate required citizenship in the exercise of its rights, thirty years of age, birth or domicile in the electing Province, and the real property, professional or industrial income, or salary prescribed by the Constitution (Art. 52; cf. 1857, Title VII, Art. 26).

The Senate perfected the election and heard the resignations of the members of the Supreme Court, consented or refused consent to the military promotions specified by the Constitution, and conducted and adjudicated proceedings instituted in the Chamber of Deputies (Art. 53; cf. 1857, Title VII, Art. 28).

When adjudicating constitutional causes, the Senate incorporated the Supreme Court of Justice with a deliberative vote; conviction required two-thirds of all persons charged with rendering the final judgment, and the governing procedure was determined by law (Arts. 54–56; cf. 1857, Title VII, Art. 28).

When a cause against the President or Vice-President remained unresolved at the end of the sessions, the Senate continued assembled solely for its determination (Art. 57; cf. 1857, Title VII, Art. 28).

The Cámara de Diputados [Chamber of Deputies] consisted of representatives elected by direct and secret vote of the citizens of the Provinces, at the proportion of one Deputy for every twenty-five thousand inhabitants and another for an excess greater than fifteen thousand, with every Province assured at least one Deputy (Title VIII, Art. 58; cf. 1857, Title VI, Art. 21:  “The Chamber of Deputies shall be composed of members elected by the peoples in the proportion of one for every twenty-five thousand inhabitants and one more for a remainder not below fifteen thousand.  A province that does not contain twenty-five thousand inhabitants shall nevertheless appoint one Deputy.”).

Eligibility for the Chamber of Deputies required citizenship in the exercise of its rights and twenty-five years of age (Art. 59; cf. 1857, Title VI, Art. 22).

Deputies served for four years and were renewed by halves every two years (Art. 60; cf. 1857, Title VI, Art. 23:  “The Deputies shall serve in their offices for six years and shall be renewed by halves every three years.”).

The Chamber of Deputies exercised the powers prescribed by Articles 61 through 63, including examination of the annual account and the hearing of accusations in the cases determined by the Constitution (Arts. 61–63; cont. 1857, Title VI, Art. 24).

Congress exercised the powers enumerated in Article 64 (Title IX, Art. 64; cont. 1857, Title IX, Art. 38).

Congress could neither delegate its constitutional powers nor apply national funds to provincial or municipal expenditures or provincial or municipal revenues to national expenditures (Art. 65, nos. 2–3; cf. 1857, Title IX, Art. 39; Title XX, Art. 114).

Bills and legislative decrees could originate in either Chamber, except measures establishing taxes and the annual budget, which necessarily originated in the Chamber of Deputies.  Every project received three readings in each Chamber, required approval by both, was subject to presidential sanction or objection, entered into force after promulgation, and could be repealed only through the same constitutional formalities (Title X, Arts. 66–78; cont. 1857, Title X, Arts. 40–51).

The requirement that the annual budget originate in the Chamber of Deputies was newly stated (Art. 66; new; cf. 1857: no corresponding provision).

ECO-HAC—Hacienda [Public Finance]

The Constitution of 1858 entrusted Congreso [Congress] with the power to contract debts upon the credit of the State; establish general taxes, duties, and contributions; supervise the application of public revenues and require an account of them from the Executive Power; and decree annual public expenditures in view of the budgets of revenue and expenditure presented by the Secretarios del Despacho [Secretaries of the Cabinet] (Title IX, Art. 64, nos. 2, 12, 14; cf. 1857, Title IX, Art. 38, nos. 2, 3, 9:  “To contract debts upon the credit of the State.”  “To establish general taxes and contributions, supervise the application of public revenues, and require an account of them from the Executive Power.”  “To decree public expenditures in view of the budgets of revenue and expenditure presented by the Executive Power, together with an extraordinary sum for unforeseen expenditures.”).

The Constitution provided that the funds of the Tesoro Nacional [National Treasury] could not be applied to provincial or municipal expenditures, nor provincial or municipal revenues to national expenditures (Art. 65, no. 2; new; cf. 1857: no corresponding provision).

No sum could be withdrawn from the tesoro público [Public Treasury] except for purposes determined by law and in conformity with the published budgets (Title XXII, Art. 152; cf. 1857, Title XX, Art. 114:  “No sum shall be withdrawn from the Public Treasury unless it is included in the general budget for the fiscal year in which the expenditure is made.”).

Las rentas municipales [municipal revenues] could not be burdened by national taxes (Art. 153; new; cf. 1857: no corresponding provision).

The Presidente de la República [President of the Republic] was charged with ensuring that the collection and application of national revenues conformed to the law (Title XI, Art. 94, no. 17; cf. 1857, Title XI, Art. 53, no. 14:  “To supervise the exact administration and application of public revenues.”).

POW-EXE—Ejecutivo [Executive]

The Constitution of 1858 vested the Poder Ejecutivo [Executive Power] in a Presidente de la República [President of the Republic] (Title XI, Art. 79; cf. 1857, Title XI, Art. 52:  “The Executive Power shall be entrusted to a Magistrate denominated President of the Republic.”).

The Constitution established the offices of Vicepresidente [Vice-President] and Designado [Designate], elected in the manner prescribed by the Constitution (Art. 80; cf. 1857, Title XII, Arts. 58–64).

The President and Vice-President were elected by direct and secret vote of citizens in the exercise of their political rights (Art. 81; cf. 1857, Title XII, Art. 59:  “The President and Vice-President of the Republic shall be appointed by the provincial Assemblies composed of the electors chosen by the cantons.”).

Eligibility for the Presidency required Venezuelan nationality by birth and citizenship in the exercise of its rights (Art. 82; cf. 1857, Title XII, Art. 58, which additionally required the qualifications prescribed for a Senator).

A constitutional election required one candidate to receive an absolute majority of all votes cast.  If no candidate received that majority, Congreso [Congress] confined the election to the three candidates who had received the greatest number of votes (Art. 83; cf. 1857, Title XII, Art. 59).

Congress elected among those candidates through the successive ballots prescribed by the Constitution.  Election initially required two-thirds of the votes of the members present and, after the prescribed ballots, an absolute majority was sufficient (Art. 84; cf. 1857, Title XII, Art. 59).

The presidential election was conducted in sesión permanente [permanent session], and no member who had voted in the first ballot could withdraw without permission from Congress (Art. 85; new; cf. 1857, Title XII, Art. 59).

The President served for four years and could not be reelected until at least one constitutional period had elapsed (Art. 86; cf. 1857, Title XII, Art. 60:  “The President and Vice-President of the Republic shall serve in their functions for six years, counted from February 1 of the year in which the election has been perfected.”).

The qualifications, manner of election, and duration prescribed for the President also governed the Vice-President (Art. 87; cf. 1857, Title XII, Arts. 58–60).

Persons related to the incumbent President or Vice-President within the degrees specified by the Constitution were ineligible for election to either office (Art. 88; new; cf. 1857: no corresponding provision).

The elections of the President and Vice-President were conducted two years apart; consequently, the first Vice-President elected under the Constitution served only two years (Art. 89; new; cf. 1857: no corresponding provision).

The President ceased exercising his functions on January 20 of the year in which the constitutional period terminated, and the Vice-President assumed the Executive Power until Congress installed the President-elect (Art. 90; cf. 1857, Title XII, Art. 61).

The President could not exercise the Executive Power outside the capital except when occupation by hostile forces or another grave event rendered his presence there impossible (Art. 91; new; cf. 1857: no corresponding provision).

Upon the death, resignation, removal, or incapacity of the President, the Vice-President exercised the Executive Power until the conclusion of the constitutional period (Art. 92; cf. 1857, Title XII, Arts. 63–64).

If the Vice-President exercising the Executive Power also became unavailable, the Designate replaced him until the election of a President and Vice-President.  Those elections were ordered immediately whenever at least one year remained in the constitutional period (Art. 93; cf. 1857, Title XII, Art. 64).

The President exercised the powers enumerated in Article 94, including preservation of domestic order and external security; execution of the laws and decrees of Congress; convocation of Congress; supreme command of the naval and terrestrial forces; conduct of foreign relations; appointment and removal of the Secretaries of the Cabinet and other officers; supervision of national revenues; commutation of capital punishment under the conditions prescribed by the Constitution; and the other functions assigned by the Constitution and the laws (Art. 94; cf. 1857, Title XI, Art. 53).

In cases of armed domestic commotion threatening the security of the Republic or sudden foreign invasion, Congress could confer the facultades extraordinarias [extraordinary powers] enumerated by Article 95: calling into service the portion of the Milicia Nacional [National Militia] that Congress considered necessary; demanding contributions in advance or negotiating loans when ordinary revenues were insufficient; requiring a passport for travel through or departure from the Republic; and granting general or individual pardons to persons implicated in political offences (Art. 95; cf. 1857, Title XI, Art. 54).

When Congress was not assembled, the President convoked a Consejo extraordinario [Extraordinary Council] composed of the Corte Suprema de Justicia [Supreme Court of Justice], the Vice-President, and the Secretary who presented the request, under the presidency of the President of the Supreme Court.  The Council could confer, by two-thirds of its votes, the powers specified in Article 95 (Art. 96; cf. 1857, Title XI, Art. 54, which assigned authorization during the recess to the Council of Government; Title XIV, Arts. 71–77, which regulated its composition and operation).

The powers enumerated by Article 95 could not be conferred for more than ninety days (Art. 97; cf. 1857, Title XI, Art. 54).

The Executive Power reported to Congress at its next meeting upon every act performed under those extraordinary powers (Art. 98; cf. 1857, Title XI, Art. 55).

The President could not leave the territory of the Republic during the constitutional period or for one year thereafter and could not command the naval or terrestrial forces in person (Art. 99; cf. 1857, Title XI, Art. 53, no. 15:  “To exercise supreme command of the naval and terrestrial forces and direct them in person when necessary for the defense of the Republic, with the prior concurrence of Congress or, during its recess, of the Council of Government.”).

The dispatch of matters corresponding to the Executive Power was entrusted to the number of Secretarios del Despacho [Secretaries of the Cabinet] determined by law (Title XII, Art. 100; cf. 1857, Title XIII, Art. 65, which fixed their number at four).

Eligibility as a Secretary required the same qualifications prescribed for a Deputy (Art. 101; cont. 1857, Title XIII, Art. 66).

Every presidential act, except the appointment and removal of the Secretaries, required the countersignature of the Secretary of the corresponding department and could not be obeyed without it (Art. 102; cf. 1857, Title XIII, Art. 67).

A verbal or written presidential order did not extinguish a Secretary’s responsibility (Art. 103; cont. 1857, Title XIII, Art. 68).

The Secretaries reported annually to the Chambers within fifteen days after their installation upon the condition of their respective departments (Art. 104; cont. 1857, Title XIII, Art. 69).

The Secretaries could attend the sessions of the Chambers with a right to speak but without a vote and were required to appear when called to provide information (Art. 105; cont. 1857, Title XIII, Art. 70).

POW-JUD—Poder Judicial [Judiciary]

The Constitution of 1858 vested the Poder Judicial [Judicial Power] in a Corte Suprema [Supreme Court], Cortes Superiores [Superior Courts], and the other tribunals and courts established by law (Title XIII, Art. 106; cf. 1857, Title XV, Art. 78:  “The Judicial Power is exercised by the Supreme Court of Justice, the Superior Courts, and the other tribunals and courts determined by law.”).

Criminal justice was to be administered by jurados [juries] whenever the constitutional congresses so provided (Art. 107; new; cf. 1857: no corresponding provision).

The Supreme Court was composed of no fewer than five Ministros [Ministers] (Title XIV, Art. 108; cf. 1857, Title XV, Art. 79:  “The Supreme Court of Justice shall be composed of one Presiding Minister-Judge, four Minister-Judges with the special denominations and powers assigned by law, and one Fiscal Minister.”).

Eligibility as a Minister of the Supreme Court required citizenship in the exercise of its rights, forty years of age, and either six years of service as a Magistrado de Corte Superior [Magistrate of a Superior Court] or twelve years of practice as an attorney in the Republic (Art. 109; cf. 1857, Title XV, Art. 80:  “To be a member of the Supreme Court, it is necessary: 1. To be Venezuelan by birth. 2. To have attained forty years of age. 3. To have served as a Magistrate of a Superior Court or practiced the profession of law for ten years.”).

The Ministers of the Supreme Court were elected through the nominations of the Legislaturas provinciales [provincial Legislatures] and the procedure prescribed by Articles 110 through 112 (Arts. 110–112; cf. 1857, Title XV, Art. 81:  “The members of the Supreme Court shall be proposed in lists of three to the Executive Power by Congress in joint session.”).

The Supreme Court joined the Senate in causes against the President, the Vice-President or Designate exercising the Executive Power, the Secretaries of the Cabinet, and Ministers of the Court; decreed suspension and heard ordinary criminal causes against the Vice-President when not exercising the Executive Power, the Secretaries, and its own Ministers; heard contentious matters concerning diplomatic officers, responsibility proceedings against diplomatic and consular agents and Governors, controversies arising from executive contracts or negotiations, and questions submitted by tribunals concerning the interpretation of statutes; declared the nullity of provincial legislative acts contrary to the Constitution; perfected the election of Ministers of the Superior Courts; reported to Congress upon improvements in the administration of justice; decided controversies between Provinces or between Provinces and the National Government; and exercised the other powers assigned by law (Art. 113; cf. 1857, Title XV, Art. 82:  “The Judicial Power exclusively possesses the faculty of adjudicating and applying the laws in civil and criminal matters; the Supreme Court is additionally charged, together with the powers conferred by law, with resolving judicial questions submitted to it by the Executive Power or by any other public authority or officer and reporting them to Congress at its next meeting.”).

The Ministers of the Supreme Court could not accept an office conferred by the Executive Power while serving on the Court (Art. 114; new; cf. 1857: no corresponding provision).

The Superior Courts consisted of no fewer than three Ministers (Title XV, Art. 115; new; cf. 1857: no corresponding provision).

Eligibility as a Minister of a Superior Court required Venezuelan nationality in the exercise of citizenship, thirty years of age, admission to the legal profession without suspension, and either four years of service as a judge, assessor, or auditor, or six years of legal practice (Art. 116; cf. 1857, Title XV, Art. 82, which entrusted the determination of judicial qualifications to the law).

The law organized the Superior Courts and the other tribunals and courts and determined their powers and the manner in which those powers were exercised (Art. 117; cont. 1857, Title XV, Art. 82).

Judges and Magistrates could not be suspended except by a decree declaring that proceedings should be instituted, nor removed except by a final judgment (Art. 118; cont. 1857, Title XV, Art. 84).

The Ministers of the Supreme and Superior Courts served for four years, were renewed by halves every two years, and could be reelected (Art. 119; cf. 1857, Title XV, Art. 79, which prescribed a six-year term and permitted reelection for the Supreme Court).

The office of Minister of the Supreme or Superior Courts was incompatible with the exercise of any profession or public office (Art. 120; new; cf. 1857: no corresponding provision).

Judicial decisions stated the grounds upon which they were founded (Art. 121; new; cf. 1857: no corresponding provision).

POW-SUB—Gobierno Subnacional [Subnational Government]

The Constitution of 1858 divided the Poder público [Public Power] into Poder Nacional [National Power] and Poder Municipal [Municipal Power] and distributed the National Power among the Legislative, Executive, and Judicial branches (Title III, Arts. 9–10; cf. 1857, Title II, Art. 6:  “For purposes of administration, the Public Power is divided into Legislative, Executive, Judicial, and Municipal Powers.  Each of these Powers shall exercise the functions assigned to it by the Constitution and the laws without exceeding its limits.”).

Municipal authority was exercised by the Legislaturas provinciales [provincial Legislatures] and Gobernadores [Governors], the Concejos y Jefes cantonales [Cantonal Councils and Chiefs], and the other officers and corporations established by provincial law (Title XVII, Art. 122; cf. 1857, Title XVI, Arts. 85–87).

A Legislatura provincial [provincial Legislature] was established in each Province, composed of three Deputies appointed by each Canton; a Province containing fewer than four Cantons nevertheless appointed twelve Deputies, distributed equally among them (Title XVIII, Art. 123; new; cf. 1857: no corresponding provision).

The Diputados a las Legislaturas provinciales [Deputies to the provincial Legislatures] were elected every two years by direct and secret vote of the citizens of each Canton, and persons not domiciled in the Canton remained eligible.  The suplentes [alternates] were elected in the same manner and proportion as the principal Deputies (Arts. 124–125; new; cf. 1857: no corresponding provision).

The provincial Legislatures could neither be installed nor continue their sessions with fewer than two-thirds of their total membership.  They assembled annually in the provincial capital on October 1, and each regular session continued for forty days (Arts. 126–127; new; cf. 1857: no corresponding provision).

The provincial Legislatures elected the Ministers of the Supreme Court, the Ministers of the Superior Court of their respective judicial district, and the principal and alternate Senators of the Province; organized the Cantons and Parishes; regulated appointments and instruction within the National Militia subject to national law; promoted immigration; created and suppressed Cantons and Parishes and determined their boundaries; established provincial taxes; enacted laws concerning urban, rural, and correctional police; promoted instruction, science, the arts, practical industrial education, means of communication, hospitals, charitable institutions, and internal improvements; and legislated upon every matter not reserved to the National Power (Art. 128; cf. 1857, Title XVI, Arts. 85–87; Title XVII, Arts. 88–89).

The provincial Legislatures could not impose contributions upon foreign import or export commerce, impair privileges granted by Congress or the Executive Power in conformity with the law, impose duties upon exclusively national corporations or officers, tax national property, or subject the residents or property of another Province to burdens different from those imposed upon their own residents and property (Art. 129; new; cf. 1857: no corresponding provision).

A Governor could object within five days to a decree or resolution of the provincial Legislature, which took effect notwithstanding the objection when the Legislature insisted upon it by an absolute majority.  Provincial Deputies incurred no responsibility for their speeches or opinions and enjoyed immunity to the same extent as members of Congress (Arts. 130–132; new; cf. 1857: no corresponding provision).

The executive authority of each Province was exercised by a Gobernador [Governor] (Title XIX, Art. 133; cf. 1857, Title XVII, Art. 88:  “The political administration of each province shall be entrusted to a Governor dependent upon and freely appointed by the Executive Power.”).

The superior political and administrative government and the order and security of the Province were entrusted to the Governor, to whom all employees belonging to the Province were subordinated (Art. 134; cf. 1857, Title XVII, Arts. 88–89).

Governors were agentes del Poder Nacional [agents of the National Power] and, in that capacity, executed the Constitution and laws of the Republic and the lawful orders of the Executive Power in matters within their competence (Art. 135; cf. 1857, Title XVII, Arts. 88–89).

Eligibility as a Governor required citizenship in the exercise of its rights, and Governors served for four years (Art. 136; new; cf. 1857: no corresponding provision).

Governors were elected by the absolute majority of the citizens voting in the Province through direct and secret ballot.  When no candidate obtained that majority, the provincial Legislature perfected the election in the same manner in which Congress perfected the presidential election (Art. 137; cf. 1857, Title XVII, Art. 88:  “The political administration of each province shall be entrusted to a Governor dependent upon and freely appointed by the Executive Power.”).

Governors could not be reelected for the immediately succeeding period (Art. 138; new; cf. 1857: no corresponding provision).

Governors convoked the provincial Legislatures extraordinarily, executed or objected to their decrees and resolutions, and exercised the other powers conferred by national or provincial law (Art. 139; cf. 1857, Title XVII, Arts. 88–89).

Temporary and absolute vacancies in the governorship were supplied by the person designated by provincial law, and the compensation of Governors was paid from provincial revenues (Arts. 140–141; new; cf. 1857: no corresponding provision).

CON-AMD—Reforma de la Constitución [Constitutional Amendment]

Any number of members could propose the amendment of one or more constitutional articles in either Chamber (Title XXIV, Art. 163; cf. 1857, Title XXII, Art. 128:  “Either Chamber may initiate constitutional amendment, but each Chamber shall declare the necessity of amendment by two-thirds of the members present.”).

Before a proposed amendment could be debated, each Chamber had to declare its necessity by the vote of two-thirds of the members present (Art. 163; cont. 1857, Title XXII, Art. 128).

Once the necessity of amendment had been declared, the Chamber in which the proposal originated drafted the corresponding project.  The project was published in the interim and debated with the same formalities as a statute by the succeeding Legislature (Art. 163; cf. 1857, Title XXII, Art. 129:  “Once both Chambers have declared the necessity of amendment, the Chamber in which it originated shall draft the corresponding project so that it may be debated and sanctioned in the same manner as statutes by the succeeding Legislature and, in the interim, published by the press.”).

The forma de Gobierno republicana, popular representativa, responsable y alternativa [republican, popular representative, responsible, and alternative form of government] could not be altered through constitutional amendment (Art. 164; cont. 1857, Title XXII, Art. 130).

CIV-SUF—Sufragio [Suffrage]

The Constitution of 1858 declared that ciudadanos [citizens] possessed the right to elect persons for the exercise of the poderes públicos [public powers] (Title IV, Art. 11; cf. 1857, Title IV, Art. 11:  “All Venezuelans enjoying the rights of citizenship may elect and be elected to public office, provided that they possess the qualifications required by the Constitution and the laws.”).

Citizenship belonged to Venezuelans over twenty years of age and to those who, without having attained that age, were or had been married (Art. 11; cf. 1857, Title IV, Art. 12:  “To enjoy the rights of citizenship, it is necessary: 1. To be Venezuelan. 2. To be married or over eighteen years of age. 3. To know how to read and write; this condition, however, shall not become obligatory until 1880.”).

The derechos de ciudadano [rights of citizenship] were suspended by mental incapacity, a final sentence imposing corporal punishment for the duration of that punishment, or judicial interdiction (Art. 12; cf. 1857, Title IV, Art. 13).

The Diputados [Deputies], President, Vice-President, Governors, and members of the provincial Legislatures were elected through direct and secret voting in the manner prescribed by the Constitution (Arts. 58, 81, 124, 137; cf. 1857, Title VI, Art. 21; Title XII, Art. 59; Title XVII, Art. 88).

The Senadores [Senators] and Ministers of the Supreme Court were elected by the provincial Legislatures (Arts. 49, 110; cf. 1857, Title VII, Art. 25; Title XV, Art. 81).

CIV-CIT—Ciudadanía [Citizenship]

The Constitution of 1858 continued to distinguish nacionalidad [nationality] from ciudadanía [citizenship] (Titles II–IV; cont. 1857, Titles III–IV).

The following were venezolanos por nacimiento [Venezuelans by birth]: all persons born in the territory of Venezuela; children of a Venezuelan father or mother born in the territory of Colombia; and children of Venezuelan parents born in any foreign country (Title II, Art. 6, no. 1; cf. 1857, Title III, Arts. 7–8).

Persons born in the other Spanish-American republics were venezolanos por adopción [Venezuelans by adoption] upon proving their origin and manifesting before the authority determined by law their will to become Venezuelan (Art. 6, no. 2; new; cf. 1857, Title III, Art. 9).

Foreigners already naturalized and those obtaining a carta de naturaleza [certificate of naturalization] in conformity with the law were venezolanos por naturalización [Venezuelans by naturalization] (Art. 6, no. 3; cont. 1857, Title III, Art. 9).

Citizenship was governed by Article 11 (Title IV, Art. 11; cf. 1857, Title IV, Art. 12:  “To enjoy the rights of citizenship, it is necessary: 1. To be Venezuelan. 2. To be married or over eighteen years of age. 3. To know how to read and write; this condition, however, shall not become obligatory until 1880.”).

RTS-GAR—Derechos Individuales [Individual Rights]

The Constitution of 1858 placed the guarantees of individual liberty under the title De los Derechos Individuales [Of Individual Rights] (Title V, Arts. 13–29; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

La esclavitud [slavery] was forever abolished in Venezuela, and every enslaved person who entered its territory was declared free (Art. 13; cf. 1857, Title XX, Art. 99:  “Slavery shall never be reestablished in Venezuela.”).

Every Venezuelan possessed the right to express thoughts and opinions through the press, orally, or by any other means without prior censorship, subject to the responsibility established by law when public morality or private life was injured.  Proceedings concerning the press were adjudicated by jurados [juries] (Art. 14; cf. 1857, Title XX, Art. 101:  “Every person possesses the liberty to publish thoughts and opinions orally, through the press, or in any other manner, without prior censorship.”).

Every Venezuelan possessed the right to associate and assemble without arms for any public or private purpose and to submit representations to the authorities (Art. 15; new; cf. 1857: no corresponding provision).

Every Venezuelan possessed the right to exercise any profession or industry, except those constituting the property of another under a privilege granted in conformity with the law, those injuring public morality or the health of the population, and those obstructing the means of communication (Art. 16; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

Every Venezuelan possessed the right to travel through the territory of the Republic and to leave it without a passport, unless prohibited by a judicial authority in the cases determined by law (Art. 17; cf. 1857, Title XX, Art. 100:  “Venezuelans possess the liberty to settle their differences through arbitrators even after proceedings have commenced, change domicile, leave the State while taking their property with them, and return to it, provided that they observe the legal formalities, and to do everything not prohibited by law.”).

No person could be withdrawn from his jueces naturales [natural judges], subjected to extraordinary commissions or tribunals, adjudicated except under laws preceding the offence or action, or sentenced without having been heard and legally convicted (Art. 18; cf. 1857, Title XX, Arts. 102, 118:  “No person may be criminally adjudicated, much less punished, except under a law preceding the offence or action and after having been summoned, heard, and legally convicted.”  “No Venezuelan may be withdrawn without his consent from his natural judges or adjudicated by special commissions or extraordinary tribunals.”).

No Venezuelan could be imprisoned, arrested, or detained except under an order signed by the competent authority, stating its grounds and delivered in copy to the arrested person, unless he was apprehended in flagrante delicto, in which case any person could apprehend him for immediate presentation before a judge (Art. 19; cf. 1857, Title XX, Art. 104:  “No person may be deprived of liberty except in the cases and under the formalities prescribed by law.”).

In criminal matters, an order of imprisonment or arrest required prior información sumaria [preliminary information] demonstrating an act punishable by corporal penalty and substantiated indications that the person ordered arrested had committed it.  That person was released under bond whenever the record disclosed that such a penalty could not be imposed (Art. 20; cf. 1857, Title XX, Art. 107:  “In a criminal cause, after the accused has given a statement in answer to the charge, he shall be released under bond upon his request or that of his defender whenever the record discloses no ground for imposing a corporal penalty.”).

Every person imprisoned upon a criminal cause had to be informed, within three days after imprisonment, of the charges appearing from the preliminary record so that he could answer and defend himself (Art. 21; new; cf. 1857: no corresponding provision).

A carcelero o Alcaide [jailer or warden] could receive no person under arrest without the written order required by Article 19 and could prohibit communication only under a written judicial order, which could not extend beyond three days (Art. 22; new; cf. 1857: no corresponding provision).

A jailer or warden could employ no restraints other than those expressly prescribed in writing by the judge, who could authorize only those absolutely necessary to prevent escape or disorder within the prison (Art. 23; new; cf. 1857: no corresponding provision).

In a criminal cause, no person could be compelled to testify against himself, his ascendants, descendants, spouse, or relatives within the fourth civil degree of consanguinity and second degree of affinity (Art. 24; cf. 1857, Title XX, Art. 103:  “No Venezuelan shall give testimony under oath against himself in a criminal cause; nor shall ascendants and descendants, relatives within the fourth civil degree of consanguinity and second degree of affinity, or spouses give such testimony reciprocally against one another.”).

The hogar doméstico [domestic home] and the secrecy of letters and private papers were inviolable.  The home could not be entered, nor correspondence or papers opened or read, except by competent authority in the cases and under the requisites prescribed by law (Art. 25; cf. 1857, Title XX, Arts. 105, 112:  “The home of every Venezuelan is inviolable; entry shall occur in the cases and manner determined by law.”  “Letters and all correspondence are inviolable.  The seizure of papers shall occur in the cases and under the formalities determined by law.”).

No person could be deprived of the smallest portion of his propiedad [property], nor could it be applied to any public use, without his knowledge or that of Congress.  Whenever the common interest, legally demonstrated, so required, just compensation was always to be presupposed (Art. 26; cf. 1857, Title XX, Art. 108:  “Property is inviolable, and only for a legally demonstrated cause of public interest may Congress compel a Venezuelan to alienate it, after just indemnification.”).

All Venezuelans were equal before the law (Art. 27; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

The enumeration of rights did not constitute a negation of other rights belonging to individuals although not included in that Title (Art. 28; new; cf. 1857: no corresponding provision).

Foreigners in Venezuela enjoyed the same individual rights and guarantees as Venezuelans and were subject, like them, to the laws and authorities of the Republic (Art. 29; cf. 1857, Title XX, Art. 113:  “Every foreigner, irrespective of nation, shall be admitted into Venezuela.  As he shall be subject to the same laws of the State as Venezuelans, he shall likewise enjoy in his person and property the same guarantees as they.”).

REG-MIL—La Fuerza Militar [The Military Force]

The Constitution of 1858 divided the fuerza militar [military force] into the Ejército permanente [Permanent Army], Fuerza naval [Naval Force], and Milicia Nacional [National Militia] (Title XX, Art. 142; cf. 1857, Title XVIII, Arts. 90–91:  “The legislative Chambers shall annually fix, upon proposal of the Executive Power, the permanent naval and terrestrial force.”  “The Republic shall additionally possess a national militia, whose organization and service shall be determined by law.”).

The fuerza armada [armed force] was essentially obedient and could not deliberate (Art. 143; cf. 1857, Title XVIII, Art. 92:  “The armed force is essentially obedient and cannot deliberate.”).

Members of the naval and terrestrial armed forces in active service were subject to leyes militares [military laws] (Art. 144; cf. 1857, Title XX, Art. 124:  “No Venezuelan shall be subject to military laws except those in active service, whether in the permanent force or the national militia, quartered and paid by the State.”).

La autoridad militar [military authority] could never be united with civil authority (Art. 145; cf. 1857, Title XVIII, Art. 93:  “Its military authority shall never be united with civil authority.”).

The National Militia was organized by law and remained under the command of the Gobernadores de las Provincias [Governors of the Provinces], who called it into service when ordered by the Executive Power under an act of Congress, the extraordinary powers conferred pursuant to Article 95, or the occurrence of sudden commotion within the Province, in the manner determined by law (Art. 146; cf. 1857, Title XVIII, Art. 95:  “The national militia shall remain under the command of the Governor of the province, who shall call it into service when ordered by the Executive Power pursuant to an act of Congress or, during its recess, of the Council of Government under Article 54, or for action within the province in case of sudden commotion and in the manner determined by its organic law.”).

REG-REL—Religión [Religion]

The Constitution of 1858 contained no provision concerning religion (cf. 1857, Title I, Art. 4:  “The State shall protect the Catholic, Apostolic, and Roman Religion, and the Government shall always sustain its Worship and Ministers in conformity with the law.”).

REG-SLA—Esclavitud [Slavery]

The Constitution of 1858 declared esclavitud [slavery] forever abolished in Venezuela and declared free every enslaved person who entered its territory (Title V, Art. 13; cf. 1857, Title XX, Art. 99:  “Slavery shall never be reestablished in Venezuela.”).

ECO-INF—Infraestructura [Infrastructure]

The Constitution of 1858 entrusted Congress with the organization of the servicio nacional de postas y correos [national postal service] (Title IX, Art. 64, no. 5; new; cf. 1857: no corresponding provision).

Congress was empowered to promote through laws or contracts the navigation and canalization of rivers, the opening of roads, and other works of national utility (Art. 64, no. 16; cf. 1857, Title IX, Art. 38, no. 17:  “To establish rules for contracts between the State and citizens or companies, national or foreign, concerning river navigation, the opening of roads, or other objects of general utility.”).

Congress was likewise charged with promoting public education, the progress of the sciences and arts, and institutions of practical industrial instruction (Art. 64, no. 17; cf. 1857, Title IX, Art. 38, no. 11:  “To promote through laws public education, the progress of the sciences and arts, and institutions of general utility, and to grant exclusive privileges for a limited period for their encouragement and advancement.”).

The Legislaturas provinciales [provincial Legislatures] were empowered to promote instruction, the progress of the sciences and arts, institutions of practical industrial education, the opening and improvement of terrestrial and fluvial means of communication, hospitals and charitable institutions, and every matter relating to internal improvements (Art. 128, no. 10; new; cf. 1857: no corresponding provision).

CON-FIN—Disposiciones Finales [Final Provisions]

The Constitution of 1858 established the responsibility of the Presidente [President], Vicepresidente [Vice-President], and Designado [Designate] while exercising the Executive Power, together with that of the Secretarios del Despacho [Secretaries of the Cabinet] and the Ministers of the Supreme Court, in the cases prescribed by the Constitution (Title XXI, Art. 147; cf. 1857, Title XI, Art. 57:  “The President of the Republic and the Vice-President charged with the Executive Power are responsible for the crime of treason against the Republic, whether committed to subject it to a foreign power or to alter the recognized and sworn form of government, and for those crimes punished by the laws with capital punishment.  The Secretaries of the Cabinet shall be responsible for every act of the Executive Power that they authorize as its necessary organs.”).

For those purposes, traición [treason] consisted in attacking the constitutional form of government, taking arms in favor of external enemies, or forming a coalition with them or with nationals acting in favor of a foreign power (Art. 148; new; cf. 1857: no corresponding provision).

All other public employees remained responsible for their conduct in the exercise of their offices in conformity with the law (Art. 149; cf. 1857, Title XX, Art. 117:  “Public officers are responsible for their conduct in the performance of their duties in conformity with the law.”).

Venezuelans retained the right to terminate their differences through árbitros [arbitrators] even after judicial proceedings had commenced (Title XXII, Art. 150; cf. 1857, Title XX, Art. 100:  “Venezuelans possess the liberty to terminate their differences through arbitrators even after proceedings have commenced.”).

La confiscación [confiscation], toda pena cruel [every cruel punishment], and the death penalty for political offences were abolished, and the Código Criminal [Criminal Code] was required to restrict the imposition of capital punishment insofar as possible (Art. 151; cf. 1857, Title XX, Arts. 98, 109:  “Capital punishment for political offences is forever abolished.”  “Torture, confiscation of property, and every cruel or infamous punishment are prohibited.”).

No sum could be withdrawn from the Public Treasury except for purposes determined by law and in conformity with the budgets, which were necessarily published (Art. 152; cf. 1857, Title XX, Art. 114:  “No sum shall be withdrawn from the Public Treasury unless it is included in the general budget for the fiscal year in which the expenditure is made.”).

Municipal revenues could not be burdened by national taxes (Art. 153; new; cf. 1857: no corresponding provision).

The establishment of mayorazgos [entailed estates] and every class of vinculaciones [perpetual entailments] was prohibited (Art. 154; cf. 1857, Title XX, Art. 110:  “The establishment of entailed estates and every class of perpetual entailment is prohibited.”).

No public corporation or employee could exercise any function or authority not conferred by the Constitution or the law (Art. 155; new; cf. 1857: no corresponding provision).

Public officers could not issue, obey, or execute orders manifestly contrary to the Constitution or the laws, orders violating their prescribed essential forms, or orders issued by manifestly incompetent authorities (Art. 156; cf. 1857, Title XX, Art. 119:  “No public officer shall issue, obey, or execute orders manifestly contrary to the Constitution or the laws, orders that in any manner violate the essential formalities prescribed by them, or orders issued by manifestly incompetent authorities.”).

Persons who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions contrary to the Constitution and the laws guaranteeing individual rights were culpable and punishable under those laws (Art. 157; cf. 1857, Title XX, Art. 120:  “Those who issue, sign, execute, or order the execution of decrees, orders, or resolutions contrary to the Constitution and the laws guaranteeing individual rights, together with those who execute them, are culpable and shall be punished in conformity with those laws.”).

The compensation of the President, Vice-President, Senators, Deputies, and Ministers of the Supreme Court could be neither increased nor diminished during the period for which the incumbent officers had been elected (Art. 158; new; cf. 1857: no corresponding provision).

Provincial elections preceded national elections (Art. 159; new; cf. 1857: no corresponding provision).

No public employee could enter upon the exercise of an office without first taking the juramento [oath] to sustain and defend the Constitution and faithfully and exactly discharge the duties of the office (Title XXIII, Art. 160; cf. 1857, Title XXI, Art. 125:  “No employee may enter upon the exercise of his functions without first taking the oath to sustain and defend the Constitution and faithfully and exactly discharge the duties of his office.”).

The Constitution prescribed the authorities before whom the President, Vice-President, presidents of the national and provincial Chambers, presidents and members of the Supreme and Superior Courts, Secretaries of the Cabinet, Governors, and other civil and military employees took that oath (Arts. 161–162; cf. 1857, Title XXI, Arts. 126–127).

The Constitution was to be promulgated with the solemnities and formalities established by the Decree of September 24, 1830, and immediately put into execution, while every preceding law and decree remained in force insofar as it did not oppose the Constitution (Title XXV, Art. 165; cf. 1857, Transitional Provisions).

To effect the renewals prescribed by Articles 51, 60, and 119, the national Chambers at their first meeting and the Supreme and Superior Courts upon their installation determined by lot one-half of their respective members, or the greater number when the total was uneven, who would cease exercising their offices at the conclusion of the second year (Art. 165; cf. 1857, Second Transitional Provision:  “The Chambers shall be renewed in their entirety in the next elections, which shall take place in 1859.”).

The Constitution was enacted in the hall of sessions of the Convención Nacional [National Convention] at Valencia on December 24, 1858, and ordered fulfilled, published, and circulated by the Jefe provisional del Estado [Provisional Chief of State], Julián Castro, on December 31, 1858.

*

• Note: the original Castilian text of the Constitution of 1858 is available from the CIDEP (Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]): https://cidep.online/files/constituciones/1858.pdf

---

* *

6). The Constitution of 1864

The Constitution of 1864 (Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela]) was decreed by the Asamblea Constituyente [Constituent Assembly] in Caracas on March 28, 1864, and ordered published and circulated by Juan Crisóstomo Falcón at Santa Ana de Coro on April 13, 1864, with ministerial countersignature at Caracas on April 22, 1864.

DOC-PRE—Preámbulo [Preamble]

(modern Latinate English translation by the author from the CIDEP recension)

“The Constituent Assembly, invoking the Supreme Author and Legislator of the Universe and acting by the authority of the people of Venezuela, decrees:  CONSTITUTION OF THE UNITED STATES OF VENEZUELA.”

FND-TER—Territorio [Territory]

The Constitution of 1864 declared the provinces of Apure, Aragua, Barcelona, Barinas, Barquisimeto, Carabobo, Caracas, Cojedes, Coro, Cumaná, Guárico, Guayana, Maracaibo, Maturín, Mérida, Margarita, Portuguesa, Táchira, Trujillo, and Yaracuy to be independent Estados [States] united to form a free and sovereign Nación [Nation] under the name Estados Unidos de Venezuela [United States of Venezuela] (Title I, Sec. I, Art. 1; cf. 1858, Arts. 1–3:  “The Venezuelan Nation is forever and irrevocably free and independent of every foreign power.”  “Sovereignty resides essentially in the Nation.”  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances.”).

The boundaries of each State were those assigned to the provinces by the law of April 28, 1856, which had established the most recent territorial division (Art. 2; cf. 1858, Art. 3:  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances; and is divided into Provinces, Cantons, and Parishes.”).

The boundaries of the United States composing the Federación Venezolana [Venezuelan Federation] were those corresponding in 1810 to the former Capitanía General de Venezuela [Captaincy General of Venezuela] (Art. 3; cf. 1858, Art. 3:  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances.”).

Two or more States could unite to constitute a single State while retaining the liberty to recover their separate status, with notice in either case to the Ejecutivo Nacional [National Executive], Congreso [Congress], and the other States of the Unión [Union] (Art. 4; new; cf. 1858: no corresponding provision).

States exercising that faculty retained their votes in the Presidencia [Presidency] election, their representation in the Senado [Senate], and their participation in the nomination of vocales [members] of the Alta Corte Federal [Federal High Court] (Art. 5; new; cf. 1858: no corresponding provision).

POW-LEG—Legislatura Nacional [National Legislature]

The Constitution of 1864 vested the Poder Legislativo Nacional [National Legislative Power] in a Legislatura Nacional [National Legislature] composed of a Senado [Senate] and a Cámara de Diputados [Chamber of Deputies] (Title IV, Sec. I, Art. 18; cf. 1858, Art. 30:  “The Legislative Power is exercised by a Congress composed of two Chambers, one of Deputies and the other of Senators.”).

The respective Estados [States] determined the manner in which Senadores [Senators] and Diputados [Deputies] were appointed (Art. 19; cf. 1858, Arts. 49, 58:  “The Senate shall be composed of two Senators from each Province, elected by the provincial Legislatures.”  “The Chamber of Deputies shall be composed of those elected by the citizens of the Provinces through direct and secret voting.”).

Each State elected one Deputy for every twenty-five thousand inhabitants and another for any excess greater than twelve thousand, together with an equal number of suplentes [alternates] (Art. 20; cf. 1858, Art. 58:  “one for every twenty-five thousand inhabitants, and one more for an excess of fifteen thousand.”).

Deputies served for two years and were renewed in their entirety (Art. 21; cf. 1858, Art. 60:  “The Deputies shall serve in their functions for four years and shall be renewed by halves every two years.”).

The Chamber of Deputies examined the President’s annual account, could adopt a voto de censura [vote of censure] against a Ministro del Despacho [Cabinet Minister] with the consequent vacation of his office, and heard accusations against the officer exercising the National Executive, Cabinet Ministers, and other empleados nacionales [national employees] in the cases prescribed by the Constitution (Art. 22; cf. 1858, Arts. 61–63).

An accusation presented by a Deputy, corporation, or individual was referred to a comisión [committee] of three Deputies chosen by secret ballot.  The committee reported within three days whether formación de causa [institution of proceedings] should be declared, and the Chamber decided by the absolute majority of the members present, without the vote of the accusing Deputy (Art. 23; cf. 1858, Arts. 62–63).

A declaration of ha lugar [that proceedings should be instituted] suspended the accused from office and rendered him ineligible to exercise any public office while the trial remained pending (Art. 24; cf. 1858, Art. 63).

Each State elected two Senadores principales [principal Senators] and two alternates (Art. 25; cont. 1858, Art. 49).

Eligibility for the Senate required Venezuelan nationality by birth and thirty years of age (Art. 26; cf. 1858, Art. 52).

Senators served for four years and were renewed by halves.  When the entire Senate was elected at one time, one Senator from each State was elected for two years (Art. 27; cont. 1858, Art. 51).

The Senate conducted and decided the proceedings initiated in the Chamber of Deputies (Art. 28; cont. 1858, Art. 53).

When such a proceeding had not concluded before the end of the legislative sessions, the Senate remained assembled solely for that purpose until final disposition of the causa [cause], without dietas [legislative compensation] to the Senators during that period (Art. 29; cf. 1858, Art. 57).

The National Legislature assembled annually in the capital of the United States on February 20, or on the earliest possible date thereafter, without awaiting convocation.  Its sessions continued for seventy days and could be extended to no more than ninety (Art. 30; cf. 1858, Art. 31:  “Congress shall assemble every year in the capital of the Republic on January 20, without need of convocation; and its sessions shall continue for ninety days.”).

Each Cámara [chamber] opened its sessions with at least two-thirds of its members.  In the absence of that number, the members present constituted themselves as a Comisión preparatoria [preparatory committee] and adopted measures to secure the attendance of the absentees (Art. 31; cont. 1858, Art. 32).

Once opened, the sessions could continue with two-thirds of the members who had installed the chamber, provided that their number did not fall below one-half of all appointed members (Art. 32; cf. 1858, Art. 33).

Although the chambers ordinarily acted separately, they assembled in Congreso [Congress] whenever required by the Constitution or the law, or when one chamber proposed and the other accepted a joint meeting (Art. 33; cont. 1858, Art. 38).

Sessions were public but could be declared secret by the respective chamber (Art. 34; cont. 1858, Art. 39).

Each chamber adopted its own reglamentos [rules], disciplined their violators, maintained policía [order] within its premises, corrected disorderly spectators, removed obstacles to the exercise of its functions, executed its internal resolutions, judged the qualifications of its members, and heard their resignations (Art. 35; cf. 1858, Arts. 35–37).

Neither chamber could suspend its sessions or change its place of residence without the consent of the other.  In case of disagreement, the chambers assembled jointly and the majority determined the question (Art. 36; cont. 1858, Art. 34).

The exercise of any other public function was incompatible with service as a Senator or Deputy during the legislative sessions.  The law determined their indemnizaciones [compensation], which could not be increased during the constitutional period for which it had been fixed (Art. 37; cf. 1858, Arts. 42, 46).

Senators and Deputies enjoyed inmunidad [immunity] from January 20 of each year until thirty days after the conclusion of the sessions.  That immunity suspended every proceeding against them, irrespective of its origin or nature; if a member committed an act punishable by a pena corporal [corporal penalty], the preliminary investigation could continue only until completion of the sumario [initial record] (Art. 38; cf. 1858, Art. 43).

Congress was presided over by the Presidente del Senado [President of the Senate], while the Presidente de la Cámara de Diputados [President of the Chamber of Deputies] served as Vicepresidente [Vice-President] (Art. 39; cont. 1858, Art. 38).

Members of the chambers incurred no responsibility for the opinions or speeches expressed in them (Art. 40; cont. 1858, Art. 44).

Senators and Deputies could not accept an empleo or comisión [commission] from the National Executive until one year after the conclusion of their respective terms.  Appointments as Cabinet Ministers, empleados diplomáticos [diplomatic officers], or mandos militares [military commands] in time of war were excepted, but acceptance vacated the legislative seat (Art. 41; cf. 1858, Arts. 41–42).

Senators and Deputies could neither contract with the Gobierno general [General Government] nor prosecute the claims of other persons before it (Art. 42; new; cf. 1858: no corresponding provision).

The National Legislature adjudicated controversies between the States; erected and organized the Distrito Federal [Federal District]; organized Aduanas [customs], ports, postal offices, and the national currency; enacted the Códigos nacionales [national codes]; created and compensated national offices; regulated the public debt and national loans; provided for the census and national statistics; fixed the naval and terrestrial forces; declared war; approved or rejected treaties and national public-works contracts; adopted the annual budget; promoted national prosperity, science, and the arts; established weights and measures; granted amnesties; organized national territories; regulated proceedings before the Senate; enacted the presidential election law; and exercised the other powers enumerated by the Constitution (Arts. 43–44; cf. 1858, Art. 64).

Bills and decretos legislativos [legislative decrees] could originate with members of either chamber in the manner prescribed by their respective rules (Art. 45; cf. 1858, Art. 66).

Every admitted proyecto [bill] received three readings separated by at least one day (Art. 46; cont. 1858, Art. 66).

A bill approved by its Cámara de origen [chamber of origin] passed to the other chamber for the same proceedings.  If not rejected, it returned to the chamber of origin with any alterations adopted by the second chamber (Art. 47; cf. 1858, Arts. 67–68).

When the chamber of origin rejected those alterations, it could insist upon its text and transmit its reasons in writing.  The chambers could also convene jointly as a Comisión general [general committee] to seek agreement; if no agreement resulted and the chamber of origin resolved separately to terminate consideration, the bill failed (Art. 48; cf. 1858, Art. 69).

The dates of the several readings accompanied every bill transmitted from one chamber to the other (Art. 49; cont. 1858, Art. 76).

A statute amending another statute had to be redrafted in its entirety, and the former statute was repealed in all its parts (Art. 50; cont. 1858, Art. 74).

The fórmula legislativa [enactment formula] was: “El Congreso de los Estados Unidos de Venezuela. Decretan” (Art. 51; cf. 1858, Art. 75:  “The Congress of Venezuela decrees.”).

A bill rejected during one Legislature could not be introduced again until another Legislature (Art. 52; cf. 1858, Art. 70).

Bills remaining pending in either chamber at the close of the sessions were subject to three new readings in the succeeding Legislature (Art. 53; new; cf. 1858: no corresponding provision).

Statutes were repealed through the same formalities required for their enactment (Art. 54; cont. 1858, Art. 77).

When the Cabinet Ministers had maintained before a chamber that a bill was unconstitutional and the bill nevertheless became law, the Executive could submit it to the Nation as represented by the Legislaturas de los Estados [Legislatures of the States] (Art. 55; new; cf. 1858: no corresponding provision).

Each State then expressed one vote, determined by the majority of the members attending its Legislature, and transmitted the result, “Confirmo” or “Objeto”, to the Federal High Court (Art. 56; new; cf. 1858: no corresponding provision).

If a majority of the States concurred with the Executive, the Federal High Court ordered suspension of the statute and reported the proceedings to Congress (Art. 57; new; cf. 1858: no corresponding provision).

Statutes entered into operation only after publication with the prescribed solemnities (Art. 58; cont. 1858, Art. 78).

The facultad de sancionar la ley [power to enact legislation] could not be delegated (Art. 59; cont. 1858, Art. 65, no. 3).

No legislative provision had retroactive effect except in matters of judicial procedure or when it imposed a lesser penalty (Art. 60; cf. 1858, Art. 18).

ECO-HAC—Hacienda Pública [Public Finance]

The States undertook to reserve from rentas nacionales [national revenues], for the benefit of States without mines in operation, twenty thousand pesos to be included in the presupuesto anual [annual budget] and paid in anticipated quarterly installments (Title II, Art. 13, no. 17; new; cf. 1858: no corresponding provision).

The Legislatura Nacional [National Legislature] organized the Aduanas [customs service], whose revenues constituted the Tesoro de la Unión [Treasury of the Union] until replaced by other sources of revenue (Title IV, Sec. V, Art. 43, no. 3; cf. 1858, Art. 64, no. 2:  “To establish taxes, duties, and contributions to meet national expenditures, supervise their application, and require an account of them from the Executive Power.”).

The Legislature determined all matters concerning the deuda nacional [national debt], contracted empréstitos [loans] upon the credit of the Nation, and annually adopted the presupuesto de gastos públicos [budget of public expenditures] (Art. 43, nos. 10, 11, 18; cf. 1858, Art. 64, nos. 12, 14).

The Presidente de la Unión [President of the Union] supervised the collection of national revenues (Title V, Art. 72, no. 3; cont. 1858, Art. 94, no. 17).

In time of foreign war, the President could demand authorized contribuciones [contributions] in advance or negotiate previously decreed loans when ordinary revenues were insufficient (Art. 72, no. 15.2; cont. 1858, Art. 95, no. 2).

Within the first five sessions of each annual Legislature, the Ministros del Despacho [Cabinet Ministers] presented the proposed budget of public expenditures and the cuenta general [general account] for the preceding year (Arts. 79–80; cf. 1858, Art. 104).

El Congreso [Congress] could neither increase the taxes imposed upon exports nor constitute additional hipotecas [encumbrances] upon them.  Once the existing obligations had been discharged by payment, compensation, or substitution, the exportation of national products became permanently free (Title VII, Art. 103; new; cf. 1858: no corresponding provision).

No expenditure could be made from the Tesoro nacional [National Treasury] unless Congress had expressly appropriated the corresponding sum in the annual budget.  Those who contravened this requirement were civilly responsible to the Treasury for the amounts disbursed, and ordinary expenditures took precedence over extraordinary expenditures in every distribution of public funds (Art. 108; cf. 1858, Art. 152:  “No sum shall be withdrawn from the Public Treasury for purposes other than those determined by law and in conformity with the budgets, which shall necessarily be published.”).

Las oficinas de recaudación [offices of collection] remained separate from las oficinas de pago [offices of payment].  Collection offices could make no payments other than the salaries of their own employees (Art. 109; new; cf. 1858: no corresponding provision).

When the budget for a período fiscal [fiscal period] was not adopted, the budget for the immediately preceding period continued in force (Art. 110; new; cf. 1858: no corresponding provision).

POW-EXE—Ejecutivo [Executive]

The Constitution of 1864 placed the Administración general de la Nación [General Administration of the Nation], insofar as it had not been assigned to another authority, under a magistrate denominated Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] (Title V, Sec. I, Art. 61; cf. 1858, Art. 79:  “The Executive Power shall be entrusted to a magistrate denominated President of the Republic.”).

Eligibility for the Presidencia [Presidency] required Venezuelan nationality by birth and thirty years of age (Art. 62; cf. 1858, Art. 82:  “To be President of the Republic, it is necessary to be Venezuelan by birth and a citizen in the enjoyment of his rights.”).

The citizens of all the Estados [States] elected the President by votación directa y secreta [direct and secret ballot].  Each State possessed one vote, determined by the relative majority of its electors (Art. 63; cf. 1858, Art. 81:  “The President and Vice-President shall be elected by direct and secret vote of the Venezuelans who enjoy citizenship.”).

On the eighth day of the sessions of Congreso [Congress], the Cámaras [chambers] assembled to conduct the escrutinio [canvass] of the electoral returns.  If all returns had not arrived, Congress adopted measures to obtain them and could defer the canvass for as many as forty days; upon expiration of that period, the canvass proceeded with the returns received, provided that they represented no fewer than two-thirds of the States (Art. 64; cf. 1858, Art. 83).

The candidate receiving an absolute majority of the State votes was declared President.  If no candidate received that majority, Congress selected between the two candidates obtaining the greatest number of votes, with each State casting one vote determined by the absolute majority of its Senadores [Senators] and Representantes [Representatives] (Art. 65; cf. 1858, Art. 84).

No member participating in the canvass could leave the session without the consent of Congress (Art. 66; cont. 1858, Art. 85).

Two Designados [Designates], elected annually by the chambers in joint session, supplied temporary or absolute vacancies in the Presidency (Art. 67; cf. 1858, Arts. 80, 93).

The President served for four years beginning on February 20 and vacated the office on that date at the conclusion of the período constitucional [constitutional period], irrespective of whether the full term had actually been served (Art. 68; cont. 1858, Art. 86).

When a falta absoluta [absolute vacancy] occurred during the first two years of a presidential period, Congress ordered a new election for a President to serve the remainder of the period (Art. 69; cf. 1858, Art. 93).

Neither the President nor a person elected to complete the presidential period under Article 69 could be elected for the immediately succeeding period (Art. 70; cont. 1858, Art. 86).

The law determined the sueldo [compensation] of the President and of persons exercising the Presidency in his place, and that compensation could not be increased or diminished during the period in which the law was enacted (Art. 71; cf. 1858, Art. 158).

The President preserved the Nación [Nation] from every external attack (Art. 72, no. 1; cf. 1858, Art. 94, no. 1).

The President executed and secured the execution of the statutes and decrees of the Legislatura Nacional [National Legislature] (Art. 72, no. 2; cont. 1858, Art. 94, no. 2).

The President supervised the collection of national revenues and administered terrenos baldíos [public lands] in conformity with the law (Art. 72, nos. 3–4; cf. 1858, Art. 94, no. 17; Art. 64, no. 15).

The President convoked the National Legislature for its regular meetings and for extraordinary meetings when required by the gravity of an event (Art. 72, no. 5; cont. 1858, Art. 94, no. 3).

The President appointed agentes diplomáticos [diplomatic officers], Cónsules generales [Consuls General], and Cónsules [Consuls], with appointments to the first two categories restricted to Venezuelans by birth (Art. 72, no. 6; cf. 1858, Art. 94, no. 9).

The President directed negociaciones diplomáticas [diplomatic negotiations] and concluded tratados [treaties] with other nations, subject to submission to the National Legislature (Art. 72, no. 7; cont. 1858, Art. 94, no. 7).

The President concluded contratos de interés nacional [contracts of national interest] in conformity with the law and submitted them to the Legislature (Art. 72, no. 8; new; cf. 1858: no corresponding provision).

The President appointed and removed Ministros del Despacho [Cabinet Ministers] (Art. 72, no. 9; cont. 1858, Art. 94, no. 8).

The President appointed empleados de Hacienda [Treasury employees] whose appointment had not been assigned to another officer.  Those appointments were restricted to Venezuelans by birth (Art. 72, no. 10; cf. 1858, Art. 94, no. 14).

The President removed or suspended empleados de su libre nombramiento [employees within his free appointment] and ordered proceedings against them whenever grounds existed (Art. 72, no. 11; cf. 1858, Art. 94, nos. 15–16).

The President granted cartas de nacionalidad [certificates of nationality] in conformity with the law and issued patentes de navegación [navigation licenses] to national vessels (Art. 72, nos. 12–13; cf. 1858, Art. 94, no. 13; Art. 64, no. 7).

The President declared war in the name of the República [Republic] after Congress had decreed it (Art. 72, no. 14; cont. 1858, Art. 94, no. 6).

In time of foreign war, the President could require the States to provide assistance for the national defense; demand contributions in advance or negotiate authorized loans; arrest or expel nationals of the enemy State who opposed the defense of Venezuela; suspend garantías [guarantees] incompatible with national defense except the guarantee of life; transfer the Ejecutivo Nacional [National Executive] temporarily when grave circumstances required it; institute proceedings for traición a la Patria [treason against the Fatherland] against Venezuelans hostile to the national defense; and issue patentes de corso y represalias [letters of marque and reprisal] together with rules governing captures (Art. 72, no. 15; cf. 1858, Arts. 95–98).

In an armed insurrection against the Nation’s political institutions, the President could employ the fuerza pública [public force] and exercise the powers concerning national defense, anticipated contributions, and temporary transfer of the Executive specified by the Constitution (Art. 72, no. 16; cf. 1858, Arts. 95–98).

The President could employ the public force to terminate an armed collision between two or more States and require them to disarm and submit their controversy to the autoridades nacionales [national authorities] (Art. 72, no. 17; new; cf. 1858: no corresponding provision).

The President could direct a war or command the Ejército [Army] in person in the cases prescribed by the Constitution and could leave the capital when matters of public interest required it (Art. 72, no. 18; cf. 1858, Arts. 91, 99).

The President granted indultos generales o particulares [general or individual pardons] (Art. 72, no. 19; cf. 1858, Art. 94, no. 19).

The President defended the territory assigned to the Distrito Federal [Federal District] whenever there were substantiated fears of hostile invasion (Art. 72, no. 20; new; cf. 1858: no corresponding provision).

The President exercised the other functions conferred by national statutes (Art. 72, no. 21; cont. 1858, Art. 94).

Whenever the National Executive exercised any of the facultades extraordinarias [extraordinary powers] conferred by Article 72, it reported to Congress within the first eight days of its next meeting (Art. 73; cont. 1858, Art. 98).

The President was assisted by the Cabinet Ministers established by law, which also determined their functions and duties and organized the Secretarías [departments] (Art. 74; cont. 1858, Art. 100).

Eligibility as a Cabinet Minister required twenty-five years of age and either Venezuelan nationality by birth or five years of Venezuelan nationality (Art. 75; cf. 1858, Art. 101).

The Cabinet Ministers were the órganos naturales y precisos [natural and necessary organs] of the President.  Every presidential act required ministerial countersignature, without which no authority, employee, or private person could comply with or execute it (Art. 76; cf. 1858, Art. 102).

Every ministerial act had to conform to the Constitution and the laws.  A Minister’s responsibility was not extinguished by a presidential order, even when that order had been given in writing (Art. 77; cont. 1858, Art. 103).

All matters other than the internal administration of a ministry were decided in the Consejo de Ministros [Council of Ministers], whose responsibility was collective (Art. 78; new; cf. 1858: no corresponding provision).

Within the first five sessions of every annual Legislature, the Ministers reported what they had done or intended to do in their respective departments.  They also supplied the written or oral information requested by the chambers, reserving only matters whose publication was incompatible with diplomatic or military negotiations (Art. 79; cf. 1858, Arts. 104–105).

Within the same period, the Ministers presented the proposed budget of public expenditures and the general account for the preceding year (Art. 80; cont. 1858, Art. 104).

The Ministers possessed the derecho de palabra [right to speak] before the chambers and were required to appear whenever called to provide information (Art. 81; cont. 1858, Art. 105).

The Ministers were responsible for treason; violation of the Constitution or laws; malversación de los fondos públicos [misappropriation of public funds]; expenditures in excess of the budget; and soborno o cohecho [bribery or corrupt payment] in matters within their offices or in appointments to public employment (Art. 82; cf. 1858, Art. 147, no. 2).

The National Executive was exercised by the President, or by the person acting in his place, together with the Cabinet Ministers as his constitutional organs (Art. 83; cf. 1858, Arts. 79, 102).

The National Executive could not exercise its functions outside the Federal District except in the case of a temporary transfer authorized during foreign war.  When the President assumed command of the Army or left the Federal District under the authority of Article 72, he was replaced in the manner prescribed by Articles 67 and 102 (Art. 84; cf. 1858, Art. 91).

When a vacancy or absence of the President could not be supplied by the Designates, one of the Cabinet Ministers, elected by all the Ministers in public session, exercised the Presidency.  The appropriate Designate was then called, and notice was given to the States (Title VII, Art. 102; cf. 1858, Art. 93).

POW-JUD—Poder Judicial [Judiciary]

The Alta Corte Federal [Federal High Court] consisted of five vocales [members] (Title VI, Sec. I, Art. 85; cf. 1858, Art. 108:  “The Supreme Court shall be composed of no fewer than five Ministers.”).

Eligibility required Venezuelan nationality by birth or ten years of naturalization and thirty years of age (Art. 85; cf. 1858, Art. 109:  “To be a Minister of the Supreme Court, it is necessary: 1. To be a citizen in the enjoyment of his rights. 2. To have attained forty years of age. 3. To have served as a Magistrate of a Superior Court for six years, or to have practiced the profession of law in the Republic for twelve years.”).

For the appointment of its members, the Legislatura de cada Estado [Legislature of each State] presented Congress with a list containing as many candidates as there were positions to be filled.  Congress declared elected the candidate obtaining the greatest number of votes among the nominations submitted by each of the five secciones territoriales [territorial sections] established by the Constitution, with Congress resolving any tie (Art. 86; cf. 1858, Arts. 110–112).

The law determined the respective functions of the members and of the other empleados de la Alta Corte Federal [employees of the Federal High Court] (Art. 87; cf. 1858, Art. 113, which constitutionally enumerated the jurisdiction of the Supreme Court).

The vocales principales [principal members] and their suplentes [alternates], appointed through the same procedure, served for four years.  Neither a principal member nor an alternate exercising the office could accept an appointment from the Ejecutivo [Executive] during that period, even after resigning the judicial position (Art. 88; cf. 1858, Arts. 114, 119–120).

The Federal High Court heard civil or criminal proceedings against empleados diplomáticos [diplomatic employees] in the cases permitted by the Derecho Público de las Naciones [Public Law of Nations]; proceedings that the President ordered instituted against his Ministers; causas de responsabilidad [responsibility proceedings] against Cabinet Ministers and diplomatic agents; proceedings against altos funcionarios de los Estados [senior officers of the States] when state law so provided; civil actions against the Nation in the cases determined by law; controversies of jurisdicción o competencia [jurisdiction or competence] between employees of different States; matters submitted by the States; colisión de leyes [collisions of laws] among national statutes or between national and state statutes; controversies arising from contracts or negotiations concluded by the President; causas de presas [maritime prize causes]; and the other matters assigned by law (Art. 89; cf. 1858, Art. 113).

The law created and designated any additional tribunales nacionales [national tribunals] that proved necessary (Title VII, Art. 114; cf. 1858, Arts. 106, 117).

POW-SUB—Gobierno Subnacional [Subnational Government]

The Estados [States] composing the Unión venezolana [Venezuelan Union] mutually recognized their autonomía [autonomy], possessed equal political status, and retained in its plenitude every sovereign power not expressly delegated by the Constitution (Title II, Art. 12; cf. 1858, Art. 128, no. 11:  “To legislate upon all matters not reserved to the National Power.”).

The States undertook to organize themselves according to the principles of Gobierno Popular, Electivo, Federal Representativo, Alternativo y Responsable [Popular, Elective, Federal Representative, Alternative, and Responsible Government]; not to alienate territory to a foreign power or solicit foreign protection; cede the land required for the Distrito Federal [Federal District]; refrain from restricting the navigation of naturally navigable rivers and waters; refrain from imposing state contributions upon products already subject to national taxation before their offer for consumption; impose no duties upon goods in transit to another State; and impose no obligations upon empleados nacionales [national employees] except in their capacity as members of the State and insofar as those obligations remained compatible with national service (Art. 13, nos. 1–7; cf. 1858, Arts. 7–10, 128).

The States submitted controversies among themselves to Congreso [Congress], the Ejecutivo Nacional [National Executive], or the Alta Corte Federal [Federal High Court]; could not declare or make war upon one another; and, in the absence of a designated árbitro [arbitrator], were subject to the authority of Congress.  They maintained strict neutrality in conflicts arising in other States and could neither join nor ally themselves with another Nation nor separate in a manner impairing the nationality or territory of Venezuela (Art. 13, nos. 8–10; new; cf. 1858: no corresponding provision).

The States undertook to comply with and execute the Constitution, the leyes de la Unión [laws of the Union], and the decrees and orders issued within their jurisdiction by the National Executive and the Tribunales y Juzgados de la Unión [Tribunals and Courts of the Union]; incorporate extradición criminal [criminal extradition] as a political principle in their respective constitutions; and, at the request of an interested State, keep persons receiving asilo político [political asylum] at a distance from its frontier (Art. 13, nos. 11–13; new; cf. 1858: no corresponding provision).

The States established no Aduanas [customs houses] for the collection of duties and permitted no enganches o levas [recruitment or levies] intended to attack the liberty, independence, or public order of another State or Nation (Art. 13, nos. 14–15; new; cf. 1858: no corresponding provision).

Each State retained the free administration of its productos naturales [natural products], including the independent administration of its salinas [saltworks].  The national revenues reserved twenty thousand pesos annually for States without mines in operation, and each State supplied its proportionate contingente [contingent] for the fuerza pública nacional [national public force] in peace or war (Art. 13, nos. 16–18; new; cf. 1858: no corresponding provision).

The States neither prohibited the consumption of products from other States nor burdened them with impuestos diferenciales [differential taxes].  They left the territorios Amazonas y la Goajira [territories of Amazonas and La Goajira] under the free administration of the Gobierno de la Unión [Government of the Union] until those territories could assume the status of States, respected national urban properties, parks, and fortifications, maintained a common legislación sustantiva civil y criminal [substantive civil and criminal legislation], and established direct and secret suffrage in popular elections (Art. 13, nos. 19–23; new; cf. 1858: no corresponding provision).

Every matter not expressly assigned by the Constitution to the Administración General de la Nación [General Administration of the Nation] remained within the competence of the States (Title VII, Art. 90; cf. 1858, Art. 128, no. 11).

The Tribunales de justicia de los Estados [tribunals of justice of the States] were independent.  Causes commenced under state procedure and concerning matters within the exclusive competence of a State terminated within that State without examination by any external authority (Art. 91; new; cf. 1858: no corresponding provision).

Any act of Congress or the National Executive that violated the rights guaranteed to the States or impaired their independence was subject to a declaration of nullity by the Federal High Court upon petition by a majority of the Legislaturas de los Estados [Legislatures of the States] (Art. 92; cf. 1858, Art. 113, no. 8, concerning the nullity of provincial legislative acts contrary to the Constitution).

The Government of the Union could maintain no resident employees possessing jurisdiction or authority within the States other than the States’ own employees, except empleados de Hacienda [Treasury officers] and officers assigned to national fortifications, parques [arsenals], apostaderos [naval stations], and puertos habilitados [authorized ports], whose jurisdiction was confined to their respective functions and premises (Art. 99; new; cf. 1858: no corresponding provision).

The Gobierno Nacional [National Government] could not station forces or military commanders in a State without the permission of that State’s Government (Art. 100; new; cf. 1858: no corresponding provision).

Neither the National Executive nor the Ejecutivos de los Estados [Executives of the States] could intervene by force of arms in the domestic conflicts of a State.  They could offer their buenos oficios [good offices] toward a pacific resolution (Art. 101; new; cf. 1858: no corresponding provision).

CON-AMD—Reforma de la Constitución [Constitutional Amendment]

The Constitution could be amended in whole or in part by the Legislatura Nacional [National Legislature] when a majority of the Legislaturas de los Estados [Legislatures of the States] requested amendment.  The amendment could encompass only the points specified in the requests submitted by the States (Title VII, Art. 122; cf. 1858, Arts. 163–164).

CIV-SUF—Sufragio [Suffrage]

The Estados [States] undertook to establish sufragio directo y secreto [direct and secret suffrage] in popular elections (Title II, Art. 13, no. 23; cf. 1858, Arts. 11, 58, 81, 124, 137).

The Nación [Nation] guaranteed libertad de sufragio [liberty of suffrage] in popular elections, subject to no restriction other than minority below eighteen years of age (Title III, Art. 14, no. 11; cf. 1858, Art. 11:  “The following are citizens and therefore possess the right to elect persons for the exercise of the public powers: 1. All Venezuelans over twenty years of age. 2. Those who, without having attained that age, are or have been married.”).

The Presidente de la Unión [President of the Union] was elected by the citizens of all the States through direct and secret voting, with each State possessing one vote determined by the relative majority of its electors (Title V, Art. 63; cont. 1858, Art. 81).

The Cámaras [chambers] assembled on the eighth day of the sessions of Congreso [Congress] to conduct the escrutinio [canvass] of the presidential returns.  The canvass could be deferred for as many as forty days to obtain missing returns and thereafter proceeded if the returns received represented at least two-thirds of the States (Art. 64; cf. 1858, Art. 83).

The candidate receiving an absolute majority of the State votes was elected.  If no candidate received that majority, Congress elected between the two candidates with the greatest number of votes, with each State expressing one congressional vote in the manner prescribed by the Constitution (Art. 65; cf. 1858, Art. 84).

No member participating in the canvass could leave the session without congressional consent (Art. 66; cont. 1858, Art. 85).

The respective States determined the manner of appointing Senadores [Senators] and Diputados [Deputies] (Title IV, Sec. I, Art. 19; cf. 1858, Arts. 49, 58).

Each State elected one Deputy for every twenty-five thousand inhabitants and another for any excess greater than twelve thousand, together with an equal number of suplentes [alternates] (Art. 20; cf. 1858, Art. 58).

Each State elected two Senadores principales [principal Senators] and two alternates (Art. 25; cont. 1858, Art. 49).

CIV-CIT—Ciudadanía [Citizenship]

The Constitution of 1864 declared venezolano [Venezuelan] every person born in the territory of Venezuela, irrespective of the nationality of the parents; children of a Venezuelan father or mother born abroad who established domicilio [domicile] in the country and expressed the will to become Venezuelan; foreigners who obtained a carta de nacionalidad [certificate of nationality]; and persons born in the Spanish-American republics or the Spanish Antilles who established residence within the Unión [Union] and expressed the will to become Venezuelan (Title I, Sec. II, Art. 6; cf. 1858, Art. 6:  “The following are Venezuelans: 1. By birth, all persons born in the territory of Venezuela; the children of a Venezuelan father or mother born in the territory of Colombia; and the children of Venezuelan parents born in any foreign country. 2. By adoption, persons born in any of the other Spanish-American republics, subject only to proving their origin and manifesting before the authority determined by law their will to become Venezuelan. 3. By naturalization, foreigners already naturalized and those who obtain a certificate of naturalization in conformity with the law.”).

Venezuelans who established domicile and acquired nationality in a foreign country did not lose their Venezuelan nationality (Art. 7; new; cf. 1858: no corresponding provision).

Venezuelan males over twenty-one years of age were elegibles [eligible] for public office, subject to the exceptions established by the Constitution (Art. 8; cf. 1858, Art. 11).

Every Venezuelan was obligated to serve the Nación [Nation] in conformity with the law and to sacrifice property and life when necessary for its defense (Art. 9; new; cf. 1858: no corresponding provision).

Venezuelans present within any Estado [State] possessed the same rights and duties as persons domiciled there (Art. 10; new; cf. 1858: no corresponding provision).

The law determined the rights attached to the condición de extranjero [condition of foreign nationality] (Art. 11; cf. 1858, Art. 29:  “Foreigners in Venezuela enjoy the same individual rights and guarantees as Venezuelans and are subject, like them, to the laws and authorities of the Republic.”).

RTS-GAR—Derechos y Garantías [Rights and Guarantees]

The Constitution of 1864 guaranteed Venezuelans the inviolabilidad de la vida [inviolability of life] and abolished pena capital [capital punishment] irrespective of any law purporting to establish it (Title III, Art. 14, no. 1; cf. 1858, Art. 151:  “All confiscation, every cruel punishment, and the death penalty for political offences are abolished.  The Criminal Code shall limit, insofar as possible, the imposition of capital punishment.”).

La propiedad [property] was guaranteed with all its rights and remained subject only to contribuciones [contributions] decreed by legislative authority, decisión judicial [judicial adjudication], and appropriation for public works after indemnización [indemnification] and a juicio contradictorio [adversarial proceeding] (Art. 14, no. 2; cf. 1858, Art. 26).

The correspondencia y demás papeles [correspondence and other papers] of every person were inviolable and secret (Art. 14, no. 3; cont. 1858, Art. 25).

The hogar doméstico [domestic home] could be entered only to prevent the perpetration of an offence and in conformity with the law (Art. 14, no. 4; cf. 1858, Art. 25).

The guarantee of libertad personal [personal liberty] abolished reclutamiento forzoso [compulsory military recruitment], permanently proscribed esclavitud [slavery], declared free every enslaved person who entered Venezuelan territory, and recognized the right of every person to do or execute anything that did not injure another (Art. 14, no. 5; cf. 1858, Arts. 13, 16–17).

The libertad del pensamiento [freedom of thought] could be exercised orally or through the prensa [press], which was subject to no restriction (Art. 14, no. 6; cf. 1858, Art. 14).

Every Venezuelan possessed the liberty to travel without a passport, change domicile subject to the formalities established by the Estados [States], leave and return to the República [Republic], and carry property out of or into the country (Art. 14, no. 7; cf. 1858, Art. 17).

The libertad de industria [freedom of industry] included ownership of discoveries and productions.  The laws granted their proprietors a privilegio temporal [temporary privilege] or established indemnification when an author consented to publication (Art. 14, no. 8; cf. 1858, Art. 16; Art. 64, no. 18).

Every person possessed the libertad de reunión y asociación [liberty to assemble and associate] without arms, publicly or privately, without any right of inspection by the authorities (Art. 14, no. 9; cf. 1858, Art. 15).

Every person possessed the libertad de petición [liberty to petition] and the derecho de obtener resolución [right to obtain a resolution].  A petition could be directed to any officer, authority, or corporation; when signed by several persons, the first five answered for the authenticity of the signatures and all signatories for the truth of the facts asserted (Art. 14, no. 10; cf. 1858, Art. 15).

The libertad de sufragio [liberty of suffrage] in popular elections was subject to no restriction other than minority below eighteen years of age (Art. 14, no. 11; cf. 1858, Art. 11).

The libertad de enseñanza [freedom of education] was protected in its entire extent.  The Poder público [Public Power] was obligated to establish educación primaria y de artes y oficios [primary education and instruction in arts and trades] without charge (Art. 14, no. 12; new; cf. 1858, Art. 64, no. 17, concerning the promotion of popular education and practical industrial instruction).

The libertad religiosa [religious liberty] was guaranteed, but only the Religión Católica, Apostólica y Romana [Catholic, Apostolic, and Roman Religion] could conduct public worship outside its temples (Art. 14, no. 13; new; cf. 1858: no corresponding provision).

The seguridad individual [individual security] prohibited imprisonment or arrest for debts not proceeding from fraud or offence; compulsory quartering of military personnel in private homes; trial by tribunales o comisiones especiales [special tribunals or commissions] rather than the jueces naturales [natural judges] and pre-existing laws; and arrest or imprisonment without información sumaria [preliminary information] establishing an offence punishable by a corporal penalty and a written order stating its cause, except in fraganti [in flagrante delicto] (Art. 14, no. 14.1–14.4; cf. 1858, Arts. 18–20, 25).

No person could be held incomunicado [incommunicado] for any reason or pretext; compelled to take an oath or submit to interrogation against himself, his spouse, or relatives within the prescribed degrees in a criminal cause; or continued in prison after the grounds for confinement had ceased (Art. 14, no. 14.5–14.7; cf. 1858, Arts. 20, 22, 24).

No person could receive a criminal sentence without first having been heard in conformity with law; be sentenced to a pena corporal [corporal penalty] exceeding ten years; or remain deprived of liberty for political reasons after the restoration of public order (Art. 14, no. 14.8–14.10; cf. 1858, Arts. 18, 21; Art. 151).

La igualdad [equality] required every person to be judged under the same laws and subjected to the same duties, services, and contributions.  Títulos de nobleza [titles of nobility], hereditary honors or distinctions, and offices whose emoluments continued beyond actual service were prohibited, and no official form of address other than “Ciudadano” [Citizen] and “Usted” [You] could be accorded to public employees or corporations (Art. 14, no. 15; cf. 1858, Art. 27; Arts. 154, 158).

The enumeration of national guarantees did not restrict the faculty of the States to accord additional guarantees to their inhabitants (Art. 15; new; cf. 1858, Art. 28).

State laws prescribed penalties for violations of the guarantees and established the procedures necessary to make them effective (Art. 16; cf. 1858, Art. 157).

Persons who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions violating any constitutional guarantee were culpable and punishable as determined by law.  Every citizen was competent to accuse them (Art. 17; cf. 1858, Art. 157).

REG-MIL—La Fuerza Armada [The Armed Forces]

Every Venezuelan was obligated to serve the Nación [Nation] in conformity with the laws and to sacrifice property and life when necessary for its defense (Title I, Sec. II, Art. 9; new; cf. 1858: no corresponding provision).

The Estados [States] provided the contingents corresponding to them for the composition of the fuerza pública nacional [national public force] in peace or war (Title II, Art. 13, no. 18; cf. 1858, Art. 146).

The Legislatura Nacional [National Legislature] annually fixed the fuerza armada de mar y tierra [naval and terrestrial forces] and enacted the ordenanzas del Ejército [military ordinances] (Title IV, Sec. V, Art. 43, no. 13; cont. 1858, Art. 64, no. 8).

The Legislature established the rules for the formation and replacement of those forces (Art. 43, no. 14; cf. 1858, Art. 64, no. 9).

The national public force was divided into fuerza naval y terrestre [naval and terrestrial forces] and consisted of the milicia ciudadana [citizen militia] organized by the States under their respective laws (Title VII, Art. 93; cf. 1858, Art. 142).

The force maintained by the Unión [Union] consisted of voluntarios [volunteers] and of proportionate contingents supplied by the States through the citizens called to service under state law (Art. 94; cf. 1858, Art. 146).

In time of war, the contingents could be augmented by cuerpos de la milicia ciudadana [units of the citizen militia] until the number requested by the Gobierno Nacional [National Government] had been supplied (Art. 95; cf. 1858, Art. 146).

The National Government could replace the Jefes de la fuerza pública [commanders of the public forces] supplied by the States in the cases and through the formalities prescribed by ley militar nacional [national military law], after which replacement personnel were requested from the States (Art. 96; new; cf. 1858: no corresponding provision).

La autoridad militar y la civil [military and civil authority] could never be exercised by the same person or corporation (Art. 97; cont. 1858, Art. 145).

During national and state electoral periods, the public force was disarmed in the manner prescribed by the respective laws (Art. 111; new; cf. 1858: no corresponding provision).

The fuerza armada [armed force] could not deliberate and was passive and obedient.  No cuerpo armado [armed body] could make requisitions or demand assistance of any kind except through the autoridades civiles [civil authorities] and in the manner prescribed by law (Art. 116; cf. 1858, Art. 143:  “The armed force is essentially obedient and cannot deliberate.”).

REG-REL—Religión [Religion]

The Constitution guaranteed libertad religiosa [religious liberty] but reserved public worship outside the temples to the Religión Católica, Apostólica y Romana [Catholic, Apostolic, and Roman Religion] (Title III, Art. 14, no. 13; new; cf. 1858: no corresponding provision).

The Nación [Nation] exercised its right of Patronato eclesiástico [ecclesiastical patronage] in the manner determined by law (Title VII, Art. 98; new; cf. 1858: no corresponding provision).

REG-SLA—Esclavitud [Slavery]

The Constitution of 1864 permanently proscribed esclavitud [slavery] and declared free every enslaved person who entered the territory of Venezuela (Title III, Art. 14, no. 5.2–5.3; cont. 1858, Art. 13).

ECO-INF—Infraestructura [Infrastructure]

The Estados [States] undertook not to restrict by taxation or otherwise the navigation of rivers and other naturally navigable waters (Title II, Art. 13, no. 4; cf. 1858, Art. 64, no. 16).

The Legislatura Nacional [National Legislature] determined matters concerning the authorization and security of puertos y costas marítimas [ports and maritime coasts] (Title IV, Sec. V, Art. 43, no. 4; cf. 1858, Art. 64, no. 16).

The Legislature created and organized oficinas de correos nacionales [national postal offices] and established charges for the carriage of correspondence (Art. 43, no. 5; cont. 1858, Art. 64, no. 5).

The Legislature approved or rejected contratos sobre obras públicas nacionales [contracts for national public works] concluded by the Presidente de la Unión [President of the Union], without which approval the contracts could not be executed (Art. 43, no. 17; cf. 1858, Art. 64, no. 16:  “To promote through laws or contracts the navigation and canalization of rivers, the opening of roads, and other works, provided that they are of national utility.”).

The Legislature promoted the prosperity of the country and its advancement in the general knowledge of the sciences and arts (Art. 43, no. 19; cf. 1858, Art. 64, no. 17).

The Nación [Nation] and the States promoted inmigración y colonización de extranjeros [immigration and foreign colonization] in conformity with their respective laws (Title VII, Art. 117; new; cf. 1858: no corresponding provision).

CON-FIN—Disposiciones Finales [Final Provisions]

Every autoridad usurpada [usurped authority] was ineffective and its acts were null.  Every decision obtained through the direct or indirect coercion of the fuerza armada [armed force] or a reunión de pueblo en actitud subversiva [assembly acting in a subversive posture] was null by operation of law (Title VII, Art. 104; cf. 1858, Arts. 155–157).

Every corporación o autoridad [corporation or public authority] was prohibited from exercising any function not conferred by the Constitution or the laws (Art. 105; cont. 1858, Art. 155).

Any citizen could accuse empleados nacionales [national employees] before the Cámara de Diputados [Chamber of Deputies], their respective superiors, or the authorities designated by law (Art. 106; cf. 1858, Arts. 147–149, 157).

Los empleados de libre nombramiento del Presidente de la Unión [employees freely appointed by the President of the Union] vacated their offices at the end of each presidential period but continued to act until replaced (Art. 107; new; cf. 1858: no corresponding provision).

International tratados de comercio y amistad [treaties of commerce and friendship] were to include a clause requiring every dispute between the contracting parties to be decided without recourse to war through arbitramento [arbitration] by one or more friendly powers (Art. 112; new; cf. 1858: no corresponding provision).

No person could exercise more than one destino de nombramiento del Congreso o del Ejecutivo Nacional .  Acceptance of another such office constituted resignation from the first, and empleados amovibles [removable employees] dependent upon the National Executive vacated their offices upon accepting service as a Senador [Senator] or Diputado [Deputy] (Art. 113; cf. 1858, Arts. 41–42).

Los empleados nacionales [national employees] could not accept gifts, offices, honors, or rewards from foreign nations without the permission of the Legislatura Nacional [National Legislature] (Art. 115; new; cf. 1858: no corresponding provision).

The law prescribed the manner in which national employees, upon taking possession of their offices, swore or affirmed that they would discharge their duties (Art. 118; cf. 1858, Arts. 160–162).

The Ejecutivo Nacional [National Executive] was to negotiate with the Gobiernos de América [Governments of America] concerning pactos de Alianza o de Confederación [compacts of alliance or confederation] (Art. 119; new; cf. 1858: no corresponding provision).

The Derecho de Gentes [Law of Nations] formed part of the Legislación Nacional [national legislation] and applied especially in cases of guerra civil [civil war].  Civil war could consequently be terminated by treaties among the beligerantes [belligerents], who were required to respect the humanitarian practices of Christian and civilized nations (Art. 120; new; cf. 1858: no corresponding provision).

The statutes and governmental dispositions of the States remained in force until the newly elected Legislaturas [Legislatures] brought them into conformity with the Constitution, which was required within four months (Art. 121; cf. 1858, Art. 165).

The Constitution entered into force upon its official publication in each State.  From that date, actos públicos y documentos oficiales [public acts and official documents] cited the year of the Federación [Federation], calculated from February 20, 1859, together with the year of the Constitution (Art. 123; cf. 1858, Art. 165:  “The present Constitution shall be promulgated with the solemnity and formalities established by the Decree of September 24, 1830; and shall immediately be put into execution, all laws and decrees remaining in force insofar as they do not oppose it.”).

The Constitution was decreed and signed in the hall of the Asamblea Constituyente [Constituent Assembly] at Caracas on March 28, 1864; ordered published and circulated by Juan Crisóstomo Falcón at Santa Ana de Coro on April 13, 1864; and countersigned by the Ministros de Estado [Ministers of State] at Caracas on April 22, 1864.

*

• Note: the original Castilian text of the Constitution of 1864 is available from the CIDEP (Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]): https://cidep.online/files/constituciones/1864.pdf

---