Selected Official Documents of the South African Republic and Great Britain Part 10

38. The President with the consent of the Volksraad declares war and makes peace.

39. The President shall be able to make conventions, subject to the consent of the Volksraad.

40. The President shall not be able to make any treaty without consent of the Volksraad.

41. The President, or any member of the Executive Council, shall have the right at all times to inspect the state of the finances, as also the books of the officials.

_Chapter VI.--Executive Council._

42. There shall be an Executive Council, consisting of the Landrost of the capital, the Secretary of the Government, and three unofficial members, chosen by the Volksraad, to a.s.sist the President with advice and a.s.sistance.

The President shall be the Chairman, and have a decisive vote.

43. The Executive Council shall hold session on the second Monday of each second month, and at such other times as the President may desire.

44. The Executive Council shall be bound to make a yearly report of its transactions to the Volksraad.

45. A majority of the Executive Council shall have the right to summon an extraordinary meeting of the Volksraad.

46. The President and the Executive Council shall have the power of declaring martial law.

_Chapter VII.--The Judicial Power._

47. The Landrost holds the power of civil commissioner and resident magistrate.

48. The judicial power is exclusively exercised by the courts of law, which are established by the law.

49. Legislation also regulates the administration of criminal justice, as also that in police cases, always understanding, however, that criminal cases brought in the first instance before the higher Courts are judged by a jury.

_Chapter VIII.--The Military System._

50. The Field-Cornets shall be chosen by and out of the burghers of their wards.

51. A Field-Commandant shall be chosen for each district, by and out of the burghers of the same.

52. The a.s.sembled Field-Commandants and Field-Cornets who are united on a commando shall choose from amongst themselves, in case of war, their own Commandant-General, which General must then receive his instructions from the President.

53. The a.s.sembled Field-Commandants and Field-Cornets have the right, during the course of the war, when they have just cause for so doing, to discharge the Commandant-General who had been chosen by them, and to appoint another, they being bound in that case to give notice to the President thereof, who on receipt of such announcement, and on finding the a.s.signed reasons well founded, fixes the day on which a new election shall take place.

54. After the war there exists no longer any Commandant-General as such.

55. The Field-Cornets must be resident in their own wards and possess property therein.

56. The Field-Commandants must be resident in their own districts, possess fixed property to the amount of 200, and have lived one year in the country.

_Chapter IX.--Miscellaneous Subjects._

57. The Roman-Dutch law shall be the princ.i.p.al law of this State, where no other law has been made by the Volksraad.

58. The law is for all alike, always understanding that the judge shall exercise all laws with impartiality and without respect of persons.

59. Every inhabitant owes obedience to the law and the authorities.

60. Right of property is guaranteed.

61. Personal freedom, provisionally on remaining within the limitations of the law, is guaranteed.

62. The freedom of the press is guaranteed provisionally on remaining within the law.