Slike strani
PDF
ePub

posing effect upon foreigners; she recognizes our liberties, and together we shall defend them, forming one sole people, one sole family, as we always have been; together we will prostrate ourselves before those altars which that nation erected; before those altars which she will now find as she left them, intact, safe, and still crowned with the shield of her arms, her castles and lions, the first standard which, along with the cross, Columbus fastened in these unknown lands, in the name of Isabel I, the great, the noble, the Catholic; an august name which the present Sovereign of Castile has inherited, inheriting at the same time the love of the inhabitants of the Island of Hispaniola: let us hoist the banner of her monarchy and proclaim her as our Queen and Sovereign.

Long live Isabel II. Liberty for ever. Religion for ever. The Dominican people for ever. The Spanish nation for ever. San Domingo, 18th March, 1861.

SANTANA.

LOI de la Grèce, sur les Mariages Mixtes.-Athènes, le Août, 1861.

(Traduction.)

ОTHON, par la grace de Dieu, Roi de Grèce, d'accord avec la Chambre des Députés et le Sénat nous avons décrêté et ordonnons :

ART. I. Le mariage entre un individu appartenant à l'Eglise Orthodoxe Orientale et un autre d'un culte Chrétien différent, est valable s'il est célébré par un prêtre de l'Eglise Othodoxe Orientale, d'après toutes les formalités exigées par la loi Grecque, et sur promesse solennelle du conjoint de rite différent, devant le juge-depaix de l'endroit où a lieu le mariage, qu'il s'engage à baptiser et élever les enfans du mariage dans la religion orthodoxe Orientale. Cet engagement est constaté dans un procès-verbal dressé par le juge-de-paix, signé par lui, son greffier et le fiancé contractant. Dans le cas où celui-ci ne saurait ou ne pourrait écrire, il en est fait mention au procès verbal.

La contravention à cet engagement est punie conformément à l'Article CCLXX du Code-pénal. Est envisagé comme annulation de la promesse contractée le délai de plus d'une année mis par le conjoint de rite différent au baptême de son enfant; en ce cas, toutefois la peine de l'annulation cesse aussitôt la réalisation du baptême de l'enfant selon l'engagement pris.

La permission de contracter mariage n'est pas accordée sans la promesse ci-dessus. Si cet engagement n'a pas lieu, la nullité d'un tel mariage peut être demandée par toute personne interessée et par le Procureur du Roi.

II. S'il s'agit de contracter un semblable mariage à l'étranger, l'engagement par promesse solennelle est pris en présence du Consul Grec compétent, qui en dresse procès-verbal; en ce cas l'engagement est censé contracté devant une autorité judiciaire.

III. Les mariages mixtes conclus jusqu'à ce jour, et célébrés par un prêtre de l'Eglise Orthodoxe Orientale, même sans la permission d'un Archevêque, sont reconnus valables, comme ci-dessus, et les enfans qui en sont issus comme légitimes, sans préjudice toutefois des droits des tiers.

La présente loi, votée par la Chambre des Députés et par le Sénat, et sanctionnée aujourd'hui par nous, sera publiée dans le bulletin des lois et sera mise en exécution comme loi de l'Etat. Athènes le 9 Août, 1861.

M. POTLIS.

Au nom du Roi,

La Reine AMALIE.

DECREE of the Provisional President of Columbia, declaring that Foreigners domiciled in the Republic are capable of acquiring Real property in the same manner as Natives.Bogotá, June 10, 1862.

(Translation.)

T. C. DE MOSQUERA, Provisional President of The United States of Columbia and Supreme Director of the War, &c.

Having referred to Articles VIII and IX of the Compact of Union of the States of Columbia,

And to the Law of the 2nd of June, 1847, relative to the immigration of Foreigners;

Considering that a foreign immigrant comes to the country not only to find a better material position, but also to enjoy the rights inherent to man and a country where those rights may be guaranteed to him;

Considering that the provisions of Article IX of the Compact of Union refer to foreigners in transitu who may claim to enter into the condition of persons domiciled in the country;

Considering that, according to positive international legislation, domiciliated foreigners are subject to the laws of the country where they settle, as regards property and essential rights, in the same manner as natives ;

Considering that it is an universally recognized principle of justice that obedience and protection are correlative, so that if a domiciliated foreigner becomes a member of the political society in which he lives,

he ought also to enjoy to their full extent the civil and political rights which belong to natives;

I DECREE:

ART. I. Immigrants from the time of their arrival in the country shall be naturalized, and they shall acquire all the rights, and contract all the obligations of other Columbian citizens. For the term of 20 years, reckoned from the date of their arrival in the country, they shall be exempt from military service, except in case of foreign war, from all direct or extraordinary contributions and from all public employment, except in their own municipality.

II. Foreigners married in the country or domiciliated by reason of permanent business or of property acquired, are capable of acquiring real property, without the necessity of complying with the conditions mentioned in Article IX of the Compact of Union, signed by the Plenipotentiaries of the States, on the 20th of September, 1861, as well as of voting and being elected for all public posts.

III. In selling national property, no difference whatever shall be made between natives and domiciliated foreigners as regards the terms granted for the payment of the value of the said property, and the money or documents of public credit which may be receivable in payment of the stipulated price.

IV. The fact that property, whether real or personal, has been acquired by a domiciliated foreigner, does not alter either the nature or the extent of the obligations and rights of the national Government or of the proprietor as regards such property, according to the laws.

Given in Bogotá, the 10th of June, 1862.

T. C. DE MOSQUERA.

M. ANCIZAR, Secretary of State and for Foreign Affairs.

AGREEMENT between Rome and Spain, for the Sale of Church Property in Spain.--Rome, August 25, 1859.

[Ratifications exchanged at Rome, November 25, 1859.] (Translation.)

In the name of the Most Holy and Indivisible Trinity. The Sovereign Pontiff, Pius IX, and Her Catholic Majesty Doña Isabella II, Queen of Spain, wishing to provide, by mutual agreement, for the definitive settlement of the endowment of public worship and of the clergy in Her Majesty's dominions, in conformity with the solemn Concordat of the 16th March, 1851, have

respectively appointed, as their Plenipotentiaries-His Holiness, the most eminent and right Reverend Cardinal Santiago Antonelli, his Secretary of State; and Her Majesty, his Excellency Don Antonio de los Rios y Rosas, her Ambassador Extraordinary to the Holy See; who, having interchanged their full powers, have agreed as follows:

ART. I. The Government of Her Catholic Majesty having taken into consideration the lamentable vicissitudes through which ecclesiastical property has passed at various periods, and being desirous of assuring to the church in perpetuity the peaceful possession of her property and rights, and of providing against any cause for the violation of the solemn Concordat concluded on the 16th March, 1851,* promises the Holy See, that no sale, commutation, or other kind of alienation of the said property, shall take place without the necessary authority from the said Holy See.

II. Wishing to carry definitively into effect and in a sure, lasting, and independent manner, the plan for the endowment of public worship and the clergy prescribed in the said Concordat, the Holy See and Her Catholic Majesty's Government agree on the following points:

III. Firstly, the Government of Her Majesty again formally recognizes the full and free right of the church to acquire, retain and enjoy the usufruct of every kind of property and valuables in fee and without limitation or reserve; any regulation to the contrary being therefore abrogated by this Convention, and especially, and so far as it is opposed hereto, the law of May the 1st, 1855.

The property which the church may hereafter acquire and possess in virtue of this right, shall not be calculated in the endowment assigned to her by the Concordat.

IV. In virtue of the same right Her Majesty's Government recognizes the church as proprietor of all and every part of the property which was restored to her by the Concordat. But, taking into consideration the state of deterioration of the greater part of such property as has not yet been alienated, the difficulty of administering it, and the various contradictory and inexact computations which have been made of the value of its rental; all which circumstances have hitherto rendered the endowment of the clergy uncertain and even incongruous, the Government of Her Majesty has proposed a commutation to the Holy See, power being given to the bishops to determine, in concurrence with their chapters, the value of the church property situated in their respective dioceses, and the Government offering in exchange for the whole of such property, and in consideration of its being ceded to the State, so many intransferable inscriptions in the 3 per cent. stock of the public * Vol. XLI. Page 141.

consolidated debt of Spain, as may be necessary to cover the total value of the said property.

V. The Holy See, being desirous that a fixed, secure, and independent endowment for public worship and for the clergy should be immediately carried into effect; having heard the Bishops of Spain, and recognizing in the present case, and in the combination of all the circumstances, the greater advantage of the church, has had no objection to the said permutation being realized in the following form:

VI. All property specified in Articles XXXI and XXXIII of the Concordat of 1851, shall be exempted from the commutation, and shall remain the property of the church; i.e., the orchards, gardens, palaces, and other edifices, which in any part of the diocese may be destined for the use and recreation of the bishops. The houses destined for the habitation of the clergymen shall also be reserved to them, with the orchards and fields thereto annexed, known under the denominations of glebes, manses, and others. The church shall also retain the ownership of buildings used as municipal schools, with their appurtenances, and of ecclesiastical libraries, houses of correction and prisons, and in general of all edifices which are in actual employment for public worship, and of those which are destined to the use and habitation of the regular clergy of both sexes, as well as those which may hereafter be destined to similar purposes.

None of the property mentioned in this Article can be taken into account in the endowment fixed for public worship, and the clergy, by the Concordat.

Finally, the good of the church being the motive that induces the Holy See to allow the before-mentioned commutation, if in any diocese the bishop should consider that owing to special circumstances it is desirable for the church to retain any possession situated therein; it shall be lawful for such possession to be exempted from the commutation, the value of the rental being included in the endowment of the clergy.

VII. On the valuation of the property subject to the commutation having been made by the bishops, inscriptions or bonds intransferable shall be immediately delivered to them, as well for the whole value of the said property as for the selling price of that which has been alienated since the Concordat. After this delivery has been effected, the bishops competently authorized by the Apostolic See shall make the formal cession to the State of all the property which, in accordance with this Convention, is subject to the commutation.

The inscriptions shall be charged to the clergy, as an integral

« PrejšnjaNaprej »