Note XIII-82 — Chapter XIII · REPUBLIC OF GUATEMALA. 1840-1865.

Under this law the president was to be chosen for four years by a general assembly composed of the house of representatives, the archbishop, justices of the supreme court, and the members of the council of state. He might be reëlected. Before being placed in possession of the executive office, he was to be sworn by the archbishop who presided, for the occasion, over the house of representatives. The executive was clothed with almost absolute powers, being authorized, among other things, to issue, in accord with the council of state, decrees having the force of law, to raise loans, declare war, make peace, ratify treaties, etc. In the event of his death or permanent disability, the executive duties devolved temporarily on the ministers in their order of seniority; and in default of them, on the members of the council; until the house of representatives, to be forthwith summoned, could meet and make a choice in general assembly. During temporary absences of the president, the government devolved on the council of ministers. The council of state was formed of the cabinet ministers, eight members chosen by the congress, and such others as the executive might appoint. They held office for four years and might be reëlected. The following functionaries might also be called by the executive to take part in the deliberations and vote, namely: the archbishops, bishops sojourning in the capital, regente of the supreme court, president of the ecclesiastical chapter, rector of the university, prior of the consulado, president of the sociedad económica, and comandante general. The house of representatives consisted of 55 deputies elected for four years. The cabinet ministers had seats in the house, which was to open its session Nov. 25th, and close it Jan. 31st. The administration of justice was intrusted to a supreme and lower courts. The former consisted of a regente, six justices, and one fiscal or attorney-general, all chosen by the congress for four years, one half being renewed every two years, but all might be reëlected. Guat., Recop. Ley., i. 79-87; Astaburuaga, Cent. Am., 181-2; El Siglo, June 18, 1852; Squier's Cent. Am., 483.