Part 3 (1/2)

ARTICLE 68.--The President appoints all officials, either personally, by commission through the head officials, taking into consideration that all officials must be enfranchised burghers, or must produce good testimonials to the satisfaction of the Government, and that so far as they are charged with financial administration, must find adequate security therefore at the choice of the Government.

ARTICLE 69.--The President complies, as far as possible, with the desire of the people, as referred to in Article 21.

ARTICLE 70.--The President shall submit, yearly, at the opening of the Volksraad, estimates of general outgoings and income, and therein indicate how to cover the deficit or apply the surplus.

ARTICLE 71.--He shall also give a report during that session of that Volksraad, of his actions during the past year, of the condition of the Republic and everything that concerns its general interest.

ARTICLE 72.--After examination of the election returns for the members of the Volksraad, sent in to the Executive Council, he shall summon that Raad, yearly, on the first Monday of May, and whenever necessity so demands.

ARTICLE 73.--He publishes in the month of March or April the names and residences of those chosen members of the Volksraad.

ARTICLE 74.--The written summons of the members of the Volksraad shall be sent to their houses three weeks before the opening of the same.

ARTICLE 75.--The President and one member of the Executive Council shall, if possible, visit the towns and villages of the Republic where Landrost's officers are, once in the year; he shall examine the state of those offices, inquire into the conduct of the officials, and on these circuits give the inhabitants during their stay an opportunity to bring before him anything they are interested in.

ARTICLE 76.--The President has the power, saving his responsibility to the Volksraad, to dismiss officials from their offices, to make provisional appointments, and to fill all open places.

He reports to the first following session of the Volksraad with regard to these transactions.

ARTICLE 77.--The President signs all appointments of officials, gives them their instructions himself, or has it read and explained to them by qualified officials, administers the oath, makes them sign it, and after their appointment puts into their hands a copy of instructions.

ARTICLE 78.--The President is charged with the administration of the public service, the Postal Department and Public Works; he and the members of the Executive Council are at the same time charged with the supervision of the powder magazines and cannon of the State.

ARTICLE 79.--Correspondence with foreign powers shall be carried on by the President and the Executive Council. The dispatches shall be signed by him and the Secretary of State.

ARTICLE 80.--The President with the Executive Council has the right to diminish or remit sentences of punishment pa.s.sed for misdemeanours or crime, on recommendation of the Court that has pa.s.sed the sentence, or upon pet.i.tion of the person condemned, after having taken the advice of the Court thereupon.

ARTICLE 81.--Before accepting his office he shall take the following oath before the Volksraad:--

”As elected President of the Republic, I promise and swear solemnly, that I shall be faithful to the people; and that I shall act according to right and law in my office, according to the best of my knowledge and conscience without respect of persons; that I have done no one favour, nor made presents to reach this office; that I shall not accept from anyone any present or favour, if I can suppose that this present or favour should be made or done with a view of gaining from me a resolution in favour of the person who does the favour or makes the gifts; that I shall act according to the Const.i.tution of the Republic, and intend alone the furthering of the happiness and welfare at large of its inhabitants.”

ARTICLE 82.--The President exercises his power along with the Executive Council. An Executive Council shall be joined to the President, consisting of the Commandant-General, two enfranchised burghers, a Secretary, and a Notekeeper (_notulenhouder_), who shall have an equal vote, and bear the t.i.tle of members of the Executive Council. The Superintendent of Native Affairs and the Notekeeper shall be _ex-officio_ members of the Executive Council. The President and members of the Executive Council shall have the right to sit, but not to vote, in the Volksraad. The President is allowed, when important affairs arise, to invite the head official to be present in the Executive Council whose department is more directly concerned with the subject to be treated of. The said head official shall then have a vote in the Executive Council, be equally responsible for the resolution taken, and sign it along with the others.

ARTICLE 83.--According to the intention of Article 82 the following shall be considered ”Head Officials”: The State Attorney, Treasurer, Auditor, Superintendent of Education, Orphan-Master, Registrar of Deeds, Surveyor-General, Postmaster-General, Head of the Mining Department, Chief Director of the Telegraph Service, and Chief of Public Works.

ARTICLE 84.--The President shall be Chairman of the Executive Council, and in case of an equal division of votes have a casting vote.

For the ratification of sentences of death, or declarations of war, the unanimous vote of the Executive Council shall be requisite for a decision.

ARTICLE 85.--Regularly once a month, and at such other times as the President shall judge necessary, the Executive Council shall sit at his office.

ARTICLE 86.--The President with two members form a quorum.

ARTICLE 87.--All resolutions of the Executive Council and official letters of the President must, besides being signed by him, also be signed by the Secretary of State. The latter is at the same time responsible that the contents of the resolution, or the letter, is not in conflict with the existing laws.

ARTICLE 88.--The two enfranchised burghers or members of the Executive Council contemplated by Article 82 are chosen by the Volksraad for the period of three years, the Commandant-General for ten years; they must be members of a Protestant Church, have had no sentence in a criminal court to their discredit, and have reached the age of thirty years.

ARTICLE 89.--The Secretary of State is chosen also by the Volksraad, but is appointed for the period of four years. On resignation or expiration of his term he is re-eligible. He must be a member of a Protestant Church, have had no sentence in a criminal court to his discredit, possess fixed property in the Republic, and have reached the age of thirty years.

ARTICLE 90.--Before the members of the Executive Council and the Commandant-General receive their office, they take the official oath before the Volksraad and sign the same. That oath shall be of similar contents to that of the President, as modified to the t.i.tle or office of the person sworn, and that of the Commandant-General to the contents of Article 108.