REPUBLIC OF GUATEMALA. HISTORICAL NOTES. The Republic of Guatemala is a portion of the vast territory, which up to 1821 belonged to Spain and constituted what was called "The Kingdom of Guatemala." This Kingdom, founded in 1542, and ruled by a "Captain-general,” who, nominally at least, was subordinate to the Viceroy of Mexico, proclaimed its independence from Spain, on September 15, 1821, and succeeded in securing it without bloodshed. Three years thereafter, representatives duly elected by the people of Guatemala, Nicaragua, Honduras, El Salvador, and Costa Rica, met at Guatemala City (La Antigua), and framed and promulgated (November 22, 1824) a Federal constitution, under which the five nations became States of a Union, to be known by the name of "Federación de Centro América," or "Central American Federation." (See Appendix 6.) On the 21st of March, 1847, the federal compact was broken, and the independence of Guatemala was proclaimed. This action was reaffirmed in 1851, under the Acta Constitutiva de la Republica de Guatemala ("Constitutional Act of the Republic of Guatemala"), which was in force until January 29, 1855, when it was amended. A Constitutional Convention, held at the city of Guatemala, framed on the 23d of October, 1876, the instrument called "Pro-Constitución de Guatemala" (Pro-Constitution of Guatemala). The supreme power of the Republic was then vested in Don José RUFINO BARRIOS. (See Appendix 7.) A new Constitution, promulgated December 11, 1879, was put in operation on the 1st of March, 1880. That Constitution, as amended on November 5, 1887, is the one now in force. LIST OF IMPORTANT BOOKS TO BE CONSULTED IN REFERENCE TO THE CONSTITUTION OF GUATEMALA. AROSEMENA (JUSTO). Estudios constitucionales sobre los Gobiernos de la América latina. Paris, 1878. SAVARIA (SALVADOR A.). Manual de instrucción cívica. SARAVIA (ANTONIO G.). La administración pública. CONSTITUTION. (Promulgated December 11, 1879, as amended November 5, 1887.) We, the representatives of the sovereign people of Guatemala, lawfully called to convene and assembled in sufficient number, do hereby decree and sanction the fundamental laws which, united in a single body, form the present Constitution of the Republic. TITLE I. THE NATION AND ITS INHABITANTS. ARTICLE 1. Guatemala is a free, sovereign,and independent Nation. The exercise of its sovereignty is delegated to the authorities established by the Constitution. ART. 2. Guatemala shall maintain and cultivate intimate family and reciprocal relations with the other Republics of Central America. And whenever the Central American nationality should be again brought into existence, in a suitable, just, popular, and advisable manner, the Republic of Guatemala shall be ready to become a part thereof. ART. 3. The supreme power of the Nation is republican, democratic, and representative, and is divided into three branches, namely, legislative, executive, and judicial, which shall be entirely independent of each other in the exercise of their functions. ART. 4. Guatemalans are divided into native and naturalized. ART. 5. Native Guatemalans are: 1. All those born or who may 1o. Los guatemaltecos mayores de veintiún años que sepan leer y escribir; ó que tengan renta, industria, oficio ó profesión que les proporcione medios de subsistencia. 2o. Todos los que pertenecen al Ejército, siendo mayores de diez y ocho años. 3o. Los mayores de diez y ocho años que tengan un grado o título literario, obtenido en los establecimientos nacionales. ART. 9. Los derechos inherentes á la ciudadanía son: 1o. El derecho electoral. 2o. El de opción á los cargos be born hereafter in the territory of the Republic, no matter what the nationality of their fathers may be. The children of diplomatic agents shall be excepted from this rule. 2. Children of Guatemalan fathers or illegitimate children of Guatemalan mothers born in a foreign country, from the moment in which they establish their residence in the Republic; and even without this condition when, according to the laws of the place of birth, the nationality of Guatemala corresponds to them, or when, having the right to choose, they adopt Guatemalan citizenship. ART. 6. Natives of the other Central American Republics who declare before competent authority their desire to become Guatemalans, shall be considered native Guatemalans. ART. 7. Naturalized Guatemalans are: 1. Spanish-Americans domiciled in the Republic, if they do not desire to retain their own nationality. 2. All other foreigners who have been naturalized according to law. 3. Those who obtain naturalization papers according to law. ART. 8. The following are citi zens: 1. Guatemalans over twenty-one years of age who know how to read and write, or who have an income, industry, trade, or profession providing them with means of subsistence. 2. Those over eighteen years of age who belong to the army. 3. Those over eighteen years of age who have received a literary degree in a national establishment. ART. 9. The rights inherent to citizenship are: 1. The electoral right. |