Ley explicando el artículo 119 de Law explanatory of article 119 of

REPUBLIC OF CHILE.

HISTORICAL NOTES.

The constitutional and political history of the Republic of Chile may be divided into three periods. The first extends from 1810, when the representative of the Spanish Crown resigned his position and the "Junta Nacional de Gobierno" was established, to 1814, when the Chileans were defeated at Rancagua by the royalist army; the second, known in Chilean history by the name of Reconquista española, begins with the Spanish victory at Rancagua, October 2, 1814, and ends with the brilliant victories won by the Chileans at Chacabuco on the 12th of February, 1817, and at Maipo on the 5th of April, 1818, at which time the Spanish power in Chile was broken, and the third, beginning in 1818, includes the recognition of Chilean independence by the United States of America in 1822, and all subsequent events.

A point of law has been raised, and raised by Chilean jurists, that Chile had no existence either de facto or de jure, during the eight years constituting the first and second periods above described. In fact it was maintained by a distinguished Chilean, who represented his country before the claims commission established at Washington under the treaty of August 7, 1892, between Chile and the United States of America, that "on the 31st of October and the 18th of November, 1816, the territory later known by the name of the Republic of Chile was a Spanish colony." The majority of the commission consisting of Don DOMINGO GANA, commissioner for Chile, and Mr. ALFRED DE CLAPARÈDE, commissioner appointed by the President of the Swiss Confederation, without taking, however, the position of the agent for Chile, decided that as the Washington Government did not recognize Chile as an independent nation until 1822, Chile up to that date was nothing to the eyes of the United States of America but a country "de jure under the domination of Spain."a

FIRST PERIOD.

The revolutionary movement, which in the end secured for Chile its independence from Spain, was started in Santiago in the middle part of 1809, when the information reached there by way of Buenos Aires that Spain had been invaded by the French, that King FERDINAND VII was a prisoner in France, and that the Government of the mother

@ This decision was rendered in the case of EUGENE L. DIDIER et al. v. The Republic of Chile, No. 5 on the docket of that commission. Mr. JOHN GOODE, commissioner on the part of the United States, filed a dissenting opinion.

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country had fallen into the hands of boards, or "juntas," more or less self-constituted, in which neither Chile nor any other country of America had representation.

The Chileans, as a rule, sympathized with the captive King, and resented the outrage perpetrated by France upon him and upon Spain; but the most important question, How were they to be governed during the King's captivity? arose at once in their minds and deeply engaged their attention. No one thought for a moment, at least in the beginning of the movement, of separating Chile from Spain; but the majority of the people pronounced themselves in favor of giving to their country an autonomic government, to be administered by a "junta" composed of leading citizens, whose authority should be exercised temporarily, and, as it might be said, in trust, until the King should recover his liberty.

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This scheme created at once two parties, whose aims and aspirations became irreconcilable. One of these, called "The Spanish party," and popularly "The Goths" (los godos), consisting chiefly of government employees and native Spaniards, advocated no change and recognized the authority of the juntas" established in Spain. The other, called "The Chilean party," popularly known among its followers as the party of the "patriots," and among its opponents as the party of the rebels," consisting of native Chileans and supported by the municipal council of Santiago and the leading families of Chile, repudiated all connection with the Spanish juntas and insisted upon having a "junta" of its own, to be known by the name of Junta Nacional de Gobierno. The situation which ensued as a consequence of these conflicting views and of the efforts of each party to cause its plans to prevail, became critical when the announcement was made that King FERDINAND himself had ordered from his captivity that the authority of the French Regency established in Spain should be obeyed, and culminated in riotous demonstrations, hard measures of repression, and in the end the resignation of the Captain-General.

Shortly afterwards, September 18, 1810, the programme of the patriots was carried into effect and the "Junta de Gobierno" was actually established. It began by proclaiming its allegiance to Spain and recognizing the authority of the King; but it hastened at the same time to abolish the position of Captain-General, to organize military forces, to open Chilean ports to free commerce with all nations (a measure which quadrupled in a single year the customs receipts of the country), and to order an election of representatives of the people, to be held on April 11, 1811, so as to permit a National Congress to meet on July 4, 1811, and provide what might be deemed conducive to the good of the country.

One of the first measures which this Congress took, as soon as it assembled, was the abolition of slavery. It also abolished the "audiencia," and established in its place a court of appeals. It appointed a committee entrusted with the duty to prepare and submit in due time a draft of a constitution for Chile. It ordered that the "Junta" should continue in the discharge of all the duties of the Executive. And, finally, it enacted what may be called with reason the first Chilean constitutional charter, which consisted of a set of nineteen "Rules for the temporary organization of the Executive authority in Chile" (Reglamento para el arreglo de la autoridad ejecutiva provisoria de Chile), promulgated on August 14, 1811.

One year thereafter (October 27, 1812) a further step was taken by the promulgation of a new constitutional statute, under the title of Provisional Constitutional Regulations (Reglamento ConstitucionaProvisorio). This code, consisting of twenty-seven articles, recogl nized the authority of King FERDINAND, but required him to accept the Spanish Constitution as well as the Chilean when promulgated.

In 1813 the text of the instrument, which the Congress of 1811 had ordered a committee to frame and submit, was published by its author, Don JUAN EGAÑA, but no official action was taken on it.

In 1814 a change in the Government was considered necessary, and the Executive authority was taken away from the Junta de Gobierno and vested in an official to be called "Supreme Director" (Director Supremo). An "Advisory Senate" (Senado consultivo) was created to assist the "Director Supremo" in conducting the business of the State.

SECOND PERIOD.

The defeat of the Chilean patriots at Rancagua on the 2d of October, 1814, put an end to this situation. That reverse inaugurated in Chile, as has been stated, the period of its history which is known by the name of Reconquista española (Spanish reconquest). It lasted two years and four months, and during this time constitutional aspirations were suspended.

THIRD PERIOD.

On the 12th of February, 1817, the "Liberating Army of the Andes," secured at Chacabuco a brilliant victory which turned the scales in favor of the Chileans. On the 1st of January following (1818) Supreme Director O'HIGGINS issued the formal proclamation of the independence of Chile." On the 12th of February following he published also the quite extensive and interesting document which he called "Manifest to all nations on the motives which justify the revolution and the declaration of independence of Chile." On the 5th of April, the battle won at Maipo by the Chilean patriots under the leadership of General SAN MARTIN made independence a reality, broke the power of Spain in Chile, and put an end to Spanish rule.

One month thereafter General O'HIGGINS issued a "Manifesto to the people who form the State of Chile," and appointed a committee of seven citizens to prepare a temporary Constitution for the Republic. About this time a commissioner of the United States of America, Mr. THEODORIC BLAND, arrived in Santiago. The Washington Government, which up to this time had observed strict neutrality in the contest between Spain and her revolted colonies, giving each belligerent "the rights of equal parties," thought it proper to send to South America three commissioners (Mr. JOHN GRAHAM, Mr. C. A. RODNEY, and Mr. THEODORIC BLAND) with instructions to investigate the situation. The commissioners left on board the U. S. frigate The Congress on December 4, 1817, and their reports about the

a English translations of this document, and of all the others mentioned in these Notes, can be found in Volume IV of that most valuable collection printed in Washington, in 1834, entitled "American State Papers."

countries which they respectively studied, printed from page 213 to 348, and in other places of Volume IV of American State Papers, mentioned elsewhere, will be always read with great interest. Mr. BLAND arrived in Santiago on May 5, 1818, and on his first interview with General O'HIGGINS, which took place on the 8th, "congratulated him on the late splendid victory at Maipo, which had freed his country from its foreign foes." He remained in Santiago until the 10th of July. According to him, O'HIGGINS did not seem to be much in favor of the idea of holding Congresses, as, in his opinion, all the troubles in Mexico and Buenos Aires were due to their Congresses. Mr. Bland says that he suggested to the Supreme Director the advisability of causing the Government to be organized on a popular basis.

The Constitution prepared by the committee appointed, as has been stated, by General O'HIGGINS, was published on August 10, 1818, and submitted to popular vote in the manner which was considered practicable at that time. Two registers were opened in every city and town of importance in the Republic, and the people who were in favor of approving the Constitution signed their names in one of them, while those who were opposed to it signed their names in the other. As no signature appeared in the latter register, Director O'HIGGINS declared on October 23, 1818, that the Constitution had been approved. In the month of January, 1822, the Government of the United States of America recognized Chile as an independent nation. The first American minister accredited to Santiago was Mr. HEMAN ALLEN, appointed minister plenipotentiary on January 27 of the same year. The first Chilean minister accredited to Washington was Don JOAQUÍN CAMPINO, who came as envoy extraordinary and minister plenipotentiary, and presented his credentials on March 6, 1828.

On August 8, 1828, a new "National Political Constitution" was promulgated, but under a law passed on October 1, 1831, a "Great National Convention" was called to meet for the purpose of reforming it. On May 25, 1833, the constitution then framed went into effect, which Constitution, as amended to June 26, 1893, is now in force.

LIST OF IMPORTANT BOOKS TO BE CONSULTED IN REFERENCE TO THE CONSTITUTION OF CHILE.

AROSEMENA, JUSTO. Estudios constitucionales sobre los gobiernos de la América latina. Paris. 1878.

CARRANZA, ARTURO B. Digesto constitucional americano. Buenos Aires. 1900. CARRASCOS ALBANO, MANUEL. Comentarios sobre la constitución política de 1833. Santiago. 1874.

ROLDÁN, ALCIBIADES. Las primeras asambleas nacionales. Santiago. 1890.

VICUÑA-MACKENNA, BENJAMÍN. Vida del Capitán General de Chile Don Bernardo O'Higgins. Santiago: 1882.