CONSTITUTION OF THE REPUBLIC OF LIBERIA
PREAMBLE
The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it, with the power of enjoying in safety and tranquility, their natural rights, and the blessings of life; and whenever these great objects are not obtained, the people have a right to alter the government and to take measures necessary for their safety, prosperity, and happiness.
Therefore, we the People of the Commonwealth of Liberia, in Africa, acknowledging with devout gratitude, the goodness of God, in granting to us the blessings of the Christian Religion, and political, religious and civil liberty, do, in order to secure these blessings for ourselves and our posterity, and to establish justice, insure domestic peace, and promote the general welfare, hereby solemnly associate, and constitute ourselves a Free, Sovereign and Independent State by the name of the REPUBLIC of LIBERIA, and do ordain and establish this Constitution for the government of the same.
ARTICLE I
BILL OF RIGHTS
Section 1. All men are born equally free and independent, and have certain natural, inherent and inalienable rights: among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.
Section 2. All power is inherent in the people; all free governments are instituted by their authority, and for their benefit, and they have the right to alter and reform the same when their safety and happiness require it.
Section 3. All men have a natural and inalienable right to worship God according to the dictates of their consciences, without obstruction or molestation from others: all persons demeaning themselves peaceably, and not obstructing others in their religious worship, are entitled to the protection of law, in the free exercise of their own religion, and no sect of Christians shall have exclusive privileges or preference over any other sect; but all shall be alike tolerated; and no religious test whatever shall be required as a qualification for civil office, or the exercise of any civil right.
Section 4. There shall be no slavery within this Republic. Nor shall any citizen of this Republic, or any person resident therein, deal in slaves, either within or without this Republic, directly or indirectly.
Section 5. The people have a right at all times, in an orderly and peaceable manner to assemble and consult upon the common good, to instruct their representatives, and to petition the government, or any public functionaries for the redress of grievances.
Section 6. Every person injured shall have remedy therefor, by due course of law; justice shall be done without denial or delay; and in all cases, not arising under martial law or upon impeachment, the parties shall have a right to a trial by jury, and to be heard in person or by counsel, or both.
Section 7. No persons shall be held to answer for a capital or infamous crime, except in cases of impeachment, cases arising in the army or navy, and petty offences, unless upon presentment by a grand jury; and every person criminally charged shall have a right to be seasonably furnished with a copy of the charge, to be confronted with the witnesses against him,—to have compulsory process for obtaining witnesses in his favor; and to have a speedy, public, and impartial trial by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself; and no person shall for the same offence be twice put in jeopardy of life or limb.
Section 8. No person shall be deprived of life, liberty, property, or privilege, but by judgment of his peers or the law of the land.
Section 9. No place shall be searched, nor person seized on a criminal charge or suspicion, unless upon warrant lawfully issued, upon probable cause supported by oath, or solemn affirmation, specially designating the place or person, and the object of the search.
Section 10. Excessive bail shall not be required, nor excessive fines imposed, nor excessive punishments inflicted. Nor shall the Legislature make any law impairing the obligation of contracts nor any law rendering any acts punishable when it was committed.
Section 11. All elections shall be by ballot; and every male citizen of twenty-one years of age, possessing real estate, shall have the right of suffrage.
Section 12. The people have a right to keep and bear arms for the common defence and as in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the Legislature; and the military power shall always be held in exact subordination to the civil authority and be governed by it.
Section 13. Private property shall not be taken for public use without just compensation.
Section 14. The powers of this government shall be divided into three distinct departments: Legislative, Executive and Judicial, and no person belonging to one of these departments shall exercise any of the powers belonging to either of the other. This section is not to be construed to include Justices of the Peace.
Section 15. The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this Republic.
The printing press shall be free to every person who undertakes to examine the proceedings of the Legislature, or any branch of government; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions, is one of the invaluable rights of man, and every citizen may freely speak, write and print, on any subject, being responsible for the abuse of that liberty.
In prosecutions, for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right to determine the law and the facts, under the directions of the courts; as in other cases.
Section 16. No subsidy, charge, impost, or duties ought to be established, fixed, laid or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the Legislature.
Section 17. Suits may be brought against the Republic in such manner, and in such cases as the Legislature may by law direct.
Section 18. No person can, in any case, be subject to the law martial, or to any penalties or pains by virtue of that law, (except those employed in the army or navy, and except the militia in actual service) but by the authority of the Legislature.
Section 19. In order to prevent those who are vested with authority, from becoming oppressors, the people have a right at such periods, and in such manner, as they shall establish by their frame of government, to cause their public officers to return to private life, and to fill up vacant places, by certain and regular elections and appointments.
Section 20. That all prisoners shall be bailable by sufficient sureties; unless, for capital offences, when the proof is evident, or presumption great; and the privilege and benefit of the writ of habeas corpus shall be enjoyed in this Republic, in the most free, easy, cheap, expeditious and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
ARTICLE II
LEGISLATIVE POWERS
Section 1. That the legislative power shall be vested in a Legislature of Liberia, and shall consist of two separate branches—a House of Representatives and a Senate, to be styled the Legislature of Liberia; each of which shall have a negative on the other, and the enacting style of their acts and laws shall be, “It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled.”
Section 2. The representatives shall be elected by and for the inhabitants of the several counties of Liberia, and shall be apportioned among the several counties of Liberia, as follows: The county of Montserrado shall have four representatives, the county of Grand Bassa shall have three, and the county of Sinoe shall have one; and all counties hereafter which shall be admitted into the Republic shall have one representative, and for every ten thousand inhabitants one representative shall be added. No person shall be a representative who has not resided in the county two whole years immediately previous to his election and who shall not, when elected be an inhabitant of the county, and does not own real estate of not less value than one hundred and fifty dollars in the county in which he resides, and who shall not have attained the age of twenty-three years. The representatives shall be elected biennially, and shall serve two years from the time of their election.
Section 3. When a vacancy occurs in the representation of any county by death, resignation, or otherwise, it shall be filled by a new election.
Section 4. The House of Representatives shall elect their own Speaker and other officers; they shall also have the sole power of impeachment.
Section 5. The Senate shall consist of two members from Montserrado County, two from Grand Bassa County, two from Sinoe County, and two from each county which may be hereafter incorporated into this Republic. No person shall be a senator who shall not have resided three whole years immediately previous to his election in the Republic of Liberia, and who shall not, when elected, be an inhabitant of the county which he represents, and who does not own real estate of not less value than two hundred dollars in the county which he represents, and who shall not have attained the age of twenty-five years. The senator for each county who shall have the highest number of votes shall retain his seat four years, and the one who shall have the next highest number of votes, two years; and all who are afterwards elected to fill their seats, shall remain in office four years.
Section 6. The Senate shall try all impeachments; the senators being first sworn or solemnly affirmed to try the same impartially and according to law; and no person shall be convicted but by the concurrence of two-thirds of the senators present. Judgment, in such cases, shall not extend beyond removal from the office and disqualification to hold an office in the Republic; but the party may be tried at law for the same offense. When either the President or Vice-President is to be tried, the Chief Justice shall preside.
Section 7. It shall be the duty of the Legislature as soon as conveniently may be, after the adoption of this Constitution, and once at least in every ten years afterwards, to cause a true census to be taken of each town and county of the Republic of Liberia; and a representative shall be allowed every town having a population of ten thousand inhabitants; and for every additional ten thousand in the counties after the first census one representative shall be added to that county, until the number of representatives shall amount to thirty; and afterwards, one representative shall be added for every thirty thousand.
Section 8. Each branch of the Legislature shall be judge of the election returns and qualification of its own members. A majority of each shall be necessary to transact business, but a less number may adjourn from day to day and compel the attendance of absent members. Each House may adopt its own rules of proceedings, enforce order, and, with the concurrence of two-thirds, may expel a member.
Section 9. Neither House shall adjourn for more than two days without the consent of the other; and both Houses shall always sit in the same town.
Section 10. Every bill or resolution which shall have passed both branches of the Legislature, shall, before it becomes a law, be laid before the President for his approval; if he approves, he shall sign it; if not, he shall return it to the Legislature with his objections. If the Legislature shall afterwards pass the bill or resolution by a vote of two-thirds in each branch it shall become a law. If the President shall neglect to return such bill or resolution to the Legislature with his objections for five days after the same shall have been so laid before him, the Legislature remaining in session during that time, such neglect shall be equivalent to his signature.
Section 11. The Senators and Representatives shall receive from the Republic a compensation for their services to be ascertained by law; and shall be privileged from arrest, except for treason, felony, or breach of the peace, while attending at, going to, or returning from, the session of the Legislature.
ARTICLE III
EXECUTIVE POWER
Section 1. The supreme executive power shall be vested in a President, who shall be elected by the people, and shall hold his office for the term of two years. He shall be commander-in-chief of the army and navy. He shall in the recess of the Legislature have power to call out the militia, or any portion thereof, into actual service in defence of the Republic. He shall have power to make treaties, provided the Senate concur therein by a vote of two-thirds of the senators present. He shall nominate, and with the advice and consent of the Senate, appoint and commission all ambassadors and other public ministers and consuls, secretaries of State, of War, of the Navy, and of the Treasury, Attorney General, all judges of courts, sheriffs, coroners, registers, marshals, justices of the peace, clerks of courts, notaries public, and all other officers of State,—civil and military, whose appointment may not be otherwise provided for by the Constitution, or by standing laws. And in the recess of the Senate, he may fill any vacancies in those offices, until the next session of the Senate. He shall receive all ambassadors and other public ministers. He shall take care that the laws are faithfully executed:—he shall inform the Legislature, from time to time, of the condition of the Republic, and recommend any public measures for their adoption which he may think expedient. He may, after conviction, remit any public forfeitures and penalties, and grant reprieves and pardons for public offences except in cases of impeachment. He may require information and advice from any public officer touching matters pertaining to his office. He may, on extraordinary occasions, convene the Legislature, and may adjourn the two Houses whenever they cannot agree as to the time of adjournment.
Section 2. There shall be a Vice-President who shall be elected in the same manner and for the same term as that of the President, and whose qualifications shall be the same; he shall be President of the Senate, and give the casting vote when the house is equally divided on any subject. And in the case of the removal of the President from office, or his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Legislature may by law provide for the cases of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed, or a President shall be elected.
Section 3. The Secretary of State shall keep the records of the State, and all the records and papers of the Legislative body, and all other public records and documents not belonging to any other department, and shall lay the same when required, before the President or Legislature. He shall attend upon them when required, and perform such other duties as may be enjoined by law.
Section 4. The Secretary of the Treasury, or other persons who may by law be charged with custody of public monies, shall, before he receive such monies, give bonds to the State, with sufficient sureties, to the acceptance of the Legislature, for the faithful discharge of his trust. He shall exhibit a true account of such monies when required by the President, or Legislature, and no monies shall be drawn from the Treasury, but by warrant from the President in consequence of appropriation made by law.
Section 5. All ambassadors and other public ministers and consuls, the Secretary of State, of War, of the Treasury, and of the Navy, the Attorney General and Post Master General, shall hold their office during the pleasure of the President. All justices of the peace, sheriffs, coroners, marshals, clerks of courts, registers, and notaries public, shall hold their offices for the term of two years from the date of their respective commissions; but they may be removed from office within that time by the President at his pleasure; and all other officers whose term of office shall not be otherwise limited by law, shall hold their offices during the pleasure of the President.
Section 6. Every civil officer may be removed from office by impeachment for official misconduct. Every such officer may also be removed by the President upon the address of both branches of the Legislature, stating their particular reason for his removal. No person shall be eligible to the office of President who has not been a citizen of this Republic for at least five years, and who shall not have attained the age of Thirty-five years, and who is not possessed of unencumbered real estate of the value of Six hundred dollars.
Section 7. The President shall at stated times receive for his services compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and before he enters on the execution of his office, he shall take the following oath or affirmation:—
I do solemnly swear (or affirm), that I will faithfully execute the office of President of the Republic of Liberia, and will, to the best of my ability, preserve, protect and defend the Constitution, and enforce the laws of the Republic of Liberia.
ARTICLE IV
JUDICIAL DEPARTMENT
Section 1. The judicial power of this Republic shall be vested in one Supreme Court, and such subordinate courts as the Legislature may from time to time establish. The judges of the Supreme Court, and all other judges of courts, shall hold their office during good behaviour; but may be removed by the President, on the address of two-thirds of both houses for that purpose, or by impeachment, and conviction thereon. The judges shall have salaries established by law, which may be increased, but not diminished during their continuance in office. They shall not receive other perquisites, or emoluments whatever from parties, or others, on account of any duty required of them.
Section 2. The Supreme Court shall have original jurisdiction in all cases affecting ambassadors, or other public ministers and consuls, and those to which a country shall be a party. In all other cases the Supreme Court shall have appellate jurisdiction, both as to law and facts, with such exceptions and under such regulations as the Legislature shall from time to time make.
ARTICLE V
MISCELLANEOUS PROVISIONS
All laws now in force in the Commonwealth of Liberia and not repugnant to the Constitution shall be in force as the laws of the Republic of Liberia until they shall be repealed by the Legislature.
Section 2. All judges, magistrates, and other officers now concerned in the administration of justice in the Commonwealth of Liberia, and all other existing civil and military officers therein, shall continue to hold and discharge the duties of their respective offices in the name and by the authority of the Republic until others shall be appointed and commissioned in their stead, pursuant to the Constitution.
Section 3. All towns and municipal corporations within the Republic, constituted under the laws of the Commonwealth of Liberia, shall retain their existing organizations and privileges, and the respective officers thereof shall remain in office and act under the authority of this Republic in the same manner and with like power as they now possess under the laws of said Commonwealth.
Section 4. The first election of President, Vice-President, Senators and Representatives, shall be held on the first Tuesday in October, in the year of Our Lord, Eighteen Hundred and Forty-seven, in the same manner as the election of members of the Council are held in the Commonwealth of Liberia; and the votes shall be certified and returned to the Colonial Secretary, and the result of the election shall be ascertained, posted, and notified by him, as is now by law provided, in case of such members of Council.
Section 5. All other elections of Presidents, Vice-President, Senators and Representatives, shall be held in the respective towns on the first Tuesday in May in every two years; to be held and regulated in such a manner as the Legislature may by law prescribe. The returns of votes shall be made to the Secretary of State, who shall open the same and forthwith issue notices of the election to the persons apparently so elected Senators and Representatives; and all such returns shall be by him laid before the Legislature at its next ensuing session, together with a list of the names of the persons who appear by such returns to have been duly elected Senators and Representatives; and the persons appearing by said returns to be duly elected shall proceed to organize themselves accordingly, as the Senate and House of Representatives. The votes for President shall be sorted, counted and declared by the House of Representatives; and if no person shall appear to have a majority of such votes, the Senators and Representatives present, shall, in convention, by joint ballot, elect from among the persons having the three highest number of votes, a person to act as President for the ensuing term.
Section 6. The Legislature shall assemble once at least in every year, and such meetings shall be on the first Monday in January, unless a different day shall be appointed by law.
Section 7. Every legislator and other officer appointed under this Constitution shall, before he enters upon the duties of his office, take and subscribe a solemn oath, or affirmation, to support the Constitution of this Republic, and faithfully and impartially discharge the duties of such office. The presiding officer of the Senate shall administer such oath or affirmation, to the President in Convention of both Houses; and the President shall administer the same to the Vice-President, to the Senators, and to the Representatives in like manner. When the President is unable to attend, the Chief Justice of the Supreme Court may administer the oath, or affirmation to him at any place, and also to the Vice-President, Senators, and Representatives, in convention. Other officers may take such oath, or affirmation before the President, Chief Justice, or any other person who may be designated by law.
Section 8. All elections of public officers shall be made by a majority of the votes, except in cases otherwise regulated by the Constitution, or by law.
Section 9. Officers created by this Constitution, which the present circumstances of the Republic do not require that they shall be filled, shall not be filled until the Legislature shall deem it necessary.
Section 10. The property of which a woman may be possessed at the time of her marriage, and also that of which she may afterwards become possessed, otherwise than by her husband, shall not be held responsible for his debts, whether contracted before, or after marriage.
Nor shall the property thus intended to be secured to the woman be alienated otherwise than by her free and voluntary consent, and such alienation may be made by her either by sale, devise, or otherwise.
Section 11. In all cases in which estates are insolvent, the widow shall be entitled to one third of the real estate during her natural life, and to one third of the personal estate, which she shall hold in her own right, subject to alienation by her, by sale, devise, or otherwise.
Section 12. No person shall be entitled to hold real estate in this Republic unless he be a citizen of the same. Nevertheless this article shall not be construed to apply to colonization, missionary, educational, or other benevolent institutions, so long as the property, or estate is applied to its legitimate purpose.
Section 13. The great object of forming these colonies being to provide a home for the dispersed and oppressed children of Africa, and to regenerate and enlighten this benighted continent, none but persons of color shall be admitted to citizenship in this Republic.
Section 14. The purchase of any land by any citizen, or citizens from the aborigines of this country for his or their own use, or for the benefit of others, as estate or estates, in fee simple, shall be considered null and void to all intents and purposes.
Section 15. The improvement of the native tribes and their advancement in the art of agriculture and husbandry being a cherished object of this government, it shall be the duty of the President to appoint in each county some discreet person whose duty it shall be to make regular and periodical tours through the country for the purpose of calling the attention of the natives to those wholesome branches of industry, and of instructing them in the same, and the Legislature shall, as soon as it can conveniently be done, make provisions for these purposes by the appropriation of money.
Section 16. The existing regulations of the American Colonization Society, in the Commonwealth, relative to immigrants, shall remain the same in the Republic until regulated by compact between the Society and the Republic; nevertheless, the Legislature shall make no law prohibiting emigration. And it shall be among the first duties of the Legislature, to take measures to arrange the future relations between the American Colonization Society and this Republic.
Section 17. This Constitution may be altered whenever two thirds of both branches of the Legislature, shall deem it necessary; in which case the alterations or amendments, shall first be considered and approved by the Legislature by the concurrence of two thirds of the members of each branch and afterwards by them submitted to the people, and adopted by two thirds of all the electors at the next biennial meeting for the election of Senators, and Representatives.
DONE in CONVENTION, at Monrovia in the County of Montserrado, by the unanimous consent of the people of the Commonwealth of Liberia, this Twenty-sixth day of July, in the Year of Our Lord One Thousand Eight Hundred and Forty-seven, and of the REPUBLIC the first. In witness whereof we have hereto set our names.
(As before.)
AN ACT AMENDING THE CONSTITUTION OF THE REPUBLIC of LIBERIA
1907
An Act proposing Sundry Amendments to the Constitution of Liberia.
It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled:—
Section 1. That the following Amendments shall become part of the National Constitution and be submitted to the people at the ensuing biennial election to be held on the first Tuesday in May, A. D. 1907, throughout the several counties of the Republic for their consideration and approval, or non-approval, and the ballot shall be written “adoption, or no adoption.”
Section 2. That Article 3rd, Section 1st be made to read, “The supreme executive power shall be vested in a President, who shall be elected by the people and shall hold his office for the term of four years and be elected quadrennially.”
Section 3. That Article 2nd, Section 2nd, after the words “Twenty-three years” be made to read, The Representatives shall be elected quadrennially and shall serve for four years from the time of their election.
Section 4. That Article 2nd, Section 5th, after the words, “Twenty-five” be made to read “The Senators shall serve for six years and shall be elected quadrennially, and those elected May, A. D. 1905, shall retain their seat for six years, from the time of their election, and all who are afterwards elected, six years.”
Section 5. That when a vacancy occurs in the office of Vice-President by death, resignation or otherwise, after the regular election of the President and Vice-President, the President shall immediately order a special election to fill said vacancy.
Section 6. That Article 5th, Section 13th be made to read “None but Negroes or persons of Negro descent, shall be eligible to citizenship in this Republic.”
Section 7. That Section 3rd, of Article 4th, be made to read, “The judges of the Supreme Court shall be the Chief and two Associate Justices.”
Any law to the contrary notwithstanding.
SUGGESTIONS
Made by the Liberian Government to the American Commission in 1909
1. That the Government of the United States be requested to guarantee as far as practicable the independence and integrity of Liberia, either alone or in conjunction with certain European powers.
2. To advise and counsel the Government of Liberia on international affairs and with respect to reforms.
3. The Government of the United States be requested to liquidate the foreign and local indebtedness of the Republic, taking over the control of its financial and customs administrations for a period of years sufficient to effect a reorganization and systematization of same under American experts and allowing to the Republic an annual sum to be hereinafter agreed upon for the payment of the expenses of the Government and for internal improvements until the amount advanced by the United States for the liquidation of the indebtedness of the Republic be paid.
4. That the United States Government be requested to furnish the Republic with experts for service in such departments of government as may be deemed necessary—at the expense of the latter—in order to facilitate and carry out the necessary reforms.
5. That the Government of the United States be requested to use its good offices in inducing American capitalists—either in conjunction with foreign capitalists or alone—to establish a bank in Liberia which shall receive the revenues of the Republic and make advances to the Government upon terms to be agreed upon, and also to construct and run railways and other improvements.
6. That the Government of the United States be requested to enter into an arbitration treaty with Liberia, and to use its good and kind offices with the European powers interested in West Africa to enter into similar engagements with the Republic.
7. That the American Government be requested to use their good offices to secure the equitable execution of the boundary arrangements entered into between the Government of Liberia and the Government of Great Britain and France, especially to assist the Government of Liberia diplomatically to secure possession of the Kanre Lahun section and other sections in the north of Liberia, now occupied by Great Britain, which by the Anglo-Liberian boundary commission were acknowledged to this Republic, as well as the securing to Liberia the hinterland recognized as Liberian by the conventions concluded between her and France, but which has been materially altered to the detriment of Liberia by the delimitation commission of 1908-9.
8. That the Government of the United States be requested to undertake a scientific research of the country with the view of ascertaining a more accurate knowledge of its mineral, vegetable, and other resources, and to interest American capitalists in the development of the same; and also to aid the Government of Liberia in the establishment of a school for scientific medical research with particular reference to the study of tropical diseases.
9. To aid the Government of Liberia in establishing industrial schools in one or more of the counties of the Republic with a view of promoting a knowledge of such trades and industries as will render the Republic self-reliant.
10. To aid in establishing civilized centers on the frontiers and hinterland in order to accelerate the uplifting and improvement of the natives and perpetuate the object of the American founders of Liberia.
11. To supervise the organization of a police and frontier force under American officers.
12. To request the United States war ships to visit Liberia annually, or oftener.
13. It is the anxious desire of Liberia that closer business relations and a substantial sail or steam service be established between the mother country and ours, and to this end we earnestly ask that the United States will encourage and foster a regular line of steamers (by an American company) to carry mails and passengers to and from Liberia as well as African produce to the American markets.
14. The Government of Liberia here express its willingness to concede to the Government of the United States any rights and privileges for the construction of coaling stations or any other enterprises which she may deem necessary to enter upon that would be beneficial to the people and Government of the United States, the same not being inconsistent with existing treaty stipulations with other foreign powers.