CHAPTER XII

THE REPUBLIC OF PANAMA

PANAMA promptly passed from the revolutionary stage into the status of a Constitutional Republic. Its Constitution was adopted by a National Constitutional Convention, which was elected on December 28, and met in the city of Panama on January 15, 1904, and practically completed its labours on February 13, following. Dr. Pablo Arosemena, formerly President or Governor of the State under the Colombian Government, and first First Designate of the Republic of Panama, was President of the Convention and a Deputy from the Province of Panama. Other deputies were Manuel Quintero V., Nicolas Victoria J., and Demetrio H. Brid. The completed instrument was signed by the thirtytwo deputies; by the Secretary, Juan Brin; by the Provisional Board, J. A. Arango, Federico Boyd, and Tomas Arias; and by the Minister of Government, Eusebio A. Morales; the Minister of Foreign Relations, F. V. de la Espriella; the Minister of Justice, Carlos A. Mendoza; the Minister of the Treasury, Manuel E. Amador; the Minister of War and Marine, Nicanor A. de Obarrio; and the Minister of Public Instruction, Julio J. Fabrega; and it was published and enforced on February 15, 1904.

This Constitution is an elaborate instrument, generally accordant with that of the United States and other republican constitutions in its guarantee of personal and popular rights, and its general guarantee of a free democratic government. Some of its provisions are exceptional if not unique. Thus it is provided that (Art. 14) citizenship may be suspended for habitual intoxication; that (Art. 19) there shall be no slaves in Panama, but any slave who may step

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upon the territory of the Republic shall in that act become free; that (Art. 23) there shall be no arrest or imprisonment for debt or other purely civil obligations; that (Art. 25) no one shall be compelled to testify in a criminal proceeding against any member of his or her family, "within the fourth grade of consanguinity or the second of affinity;" that (Art. 29) any person may practise any profession or trade without the necessity of belonging to an association; that (Art. 37) games of chance shall not be permitted in the territory of the Republic; that (Art. 68) the National Assembly shall not pass votes of censure or approval relating to official acts; that (Art. 83) the President cannot be elected to succeed himself, nor can any relation of his within the fourth grade of consanguinity or the second of affinity be elected to succeed him; that (Art. 117) there can be no obligatory circulation of paper money; and that (Art. 127) the government alone can import or manufacture arms or implements of war.

The government of Panama is purely democratic in form, and is divided into three parts, the Legislative, the Executive, and the Judicial. The Legislative power is exercised by the National Assembly, consisting of a single chamber, elected by popular vote for a term of four years, and meets on September 1, of every second year. The session lasts ninety days, but in any case of necessity it may be extended thirty days more. Special sessions for special purposes may be called by the President of the Republic. Deputies are elected from districts at a ratio of one to every 10,000 inhabitants, or residue of not less than 5,000. The Deputies must be citizens at least twenty-five years of age. The Executive and the Judicial officers are ineligible for election as Deputies during their terms of office, and for six months thereafter. The Assembly has the customary legislative functions, including the trial of charges against the President of the Republic, the Attorney-General, the Secretaries of State, and the Justices of the Supreme Court; the election of three Designates or Vice-Presidents of the Republic for a

term of two years; the election of the Judges of the Exchequer; and the granting of leave of absence to the President. There is also an equal number of Substitute Deputies, to take the place of the Deputies on the inability of any of the latter to serve.

The Executive power is exercised by the President of the Republic. He must be He must be a Panaman by birth, and thirty-five years of age. He is elected by popular vote for a term of four years, beginning on the first of October following his election. He appoints the Secretaries of State or members of his Cabinet, the Governors of the Provinces, the AttorneyGeneral, the Judges of the Supreme Court, and some other officers. Every act of the President must be countersigned by that Secretary of State to whose department it properly appertains. In temporary or permanent absence his place is filled by one of the thrée Designates or Vice-Presidents, whose qualifications are the same as those of the President. The Secretaries of State have the same qualifications as the Deputies; they are the only regular mediums of communication between the Executive and the Legislative body, and they are permitted to propose laws and to take part in debates in the National Assembly.

The Judicial power is exercised by a Supreme Court, inferior courts, and justices of the peace. The Supreme Court consists of five magistrates, appointed by the President for a term of four years. Five substitutes are also appointed to take the place of the Justices in case of absence or disability of the latter. The Justices or their substitutes must be thirty years of age, and must have been residents of Panama for fifteen years, and practising lawyers for ten years. The same qualifications are required of the justices of the inferior courts.

A law to be valid must be approved by the National Assembly by an absolute majority after three debates on three separate days, and must also be approved by the President of the Republic. The second debate on a law cannot be closed, nor can a final vote be taken at the end of the third