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Chapter 9

This webpage reproduces a chapter of
History of Chile

Luis Galdames

translated and edited by Isaac Joslin Cox
Russell & Russell
New York 1964

The text is in the public domain.

This page has been carefully proofread
and I believe it to be free of errors.
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Chapter 11

p230 Chapter X
Anarchy and Organization

Federalism and its Results

From 1826 to 1830 Chile lived in a state of constant disturbance. Different congresses and supreme directors succeeded each other and executed such measures of organization as they could and soon fell, defeated by revolts and military coups that had no more justification than the caprice of their leaders. The congress of 1826 decreed the federal organization of the republic, in accordance with the views of José Miguel Infantes, who for years after devoted himself to an untiring campaign in behalf of this principle, because he believed that federation was the ideal of free and prosperous countries.1

The federation of the United States served as a model and example to the supporters of that policy. It was said that "unitarianism" benefited only the capital and was a detriment to the provinces, and that federalism, without prejudicing the capital, benefited all the regions of the country. Federalism, moreover, would give the people direct participation in their provincial and local affairs by means of an autonomous government, which each province would elect. In this way the republic would become really democratic.

Consequently, the federal system was established in 1826. The country was divided into eight provinces, each to be governed by an assembly elected in a popular manner and by an intendant, similarly elected. All the other authorities were also to be designated by the people, including the parish priests. The impracticability of this organization was seen at once. The debates stirred up throughout the provinces upon the determination of their boundaries and the designating of their capitals did not promise tranquillity; and shortly the election of the respective officials gave rise to numerous grave complications. The absence of the habit of exercising civic rights in the general mass of the population — now called upon to agree in the direct naming of their governing bodies — the ignorance and destitution among the people, and unlimited ambitions p231of many who judged themselves worthy of obtaining representative offices were determining causes of the more or less complete failure of that system, whose discredit began with its very initiation. It also had deplorable consequences — general disorders everywhere, including outrageously arbitrary acts at the elections and acute misery in city and country.

Such a state of things was bound to do tremendous damage to the financial development of the country. The national treasury was impoverished to such a degree that there were no funds with which to meet the most pressing requirements of public service. The employees of the administration did not receive their back salaries, nor did the representatives in congress, who were to receive pay for the period that they were in session, receive a single cent for their expenses in the capital; many who came from the provinces lived in deplorable poverty; worst of all, however, the army did not receive its pay, and the officers and soldiers were disposed to mutiny at every opportunity, with the hope of settling their accounts. Such was the most powerful cause of the revolts that occurred frequently, wherever there was an encampment of troops.

So critical a situation reached the height of its confusion when, at the beginning of 1827, a military revolt headed by Colonel Enrique Campino broke out in Santiago. On horseback this leader entered the hall in which congress was in session and ordered it to dissolve, threatening with the guns of his soldiers the representatives who scattered in all directions, a prey to the greatest confusion. But the triumph of the revolt did not last more than a few days because Campino's very companions abandoned him, and Freire was reëlected president.

Months afterwards, the congress which had sanctioned the federal organization was dissolved. Its system had failed and many of its former partisans had themselves turned against it. The task of organizing the republic had to begin anew. This task General Francisco Antonio Pinto, vice-president elect, now undertook and, by the resignation of President Freire, came to the highest representative position in the country. Pinto was a man a little over forty years old, who from his youth had given valuable service to the nation as a soldier during the revolutionary campaigns and the expedition to Peru, as a diplomat in Buenos Aires and London, and as a minister of state during the dictatorship of Freire. With advanced ideas in political matters, he was a distinguished member of the liberal group that aspired to transform the country into a democratic republic. One of the first acts was to suspend the p232working of the federal regime, which had thrown the nation into anarchy, and then to consult the provinces as to whether they would insist upon being governed in that form. The response was almost unanimously adverse to federalism. Then the chief of state convened a new constituent congress.

The Constitution of 1828

The situation of the political parties which were to take part in the elections was clearly defined. During the dictatorship of Freire, and principally in the congress of 1826, a movement of integration was taking place among them. The former personal parties of Carrera and of O'Higgins had almost entirely disappeared. The first of them had no longer any reason for existing after the death of its chief. The second had been disorganized with the settling of O'Higgins in Peru; and, if a few were still loyal and awaited his return and restoration to power, their influence was very limited.

On the other hand, the federal party had succeeded in rooting itself so extensively in public opinion that almost the whole congress of 1826 had been fervently devoted to it; but the ill success of the experiment had soon turned against it in the bosom of the assembly itself an opposition that was powerful because of the number and quality of its members; and, when Pinto was promoted to the presidency of the republic, none kept his belief in the system except its convinced apostle, José Miguel Infante, and one or two others among his followers.

Two currents of ideas now drew all public men together into vigorous groups, far removed from the former individualism. The reformist and democratic current, which aspired to change society in whatever way necessary in order to adapt it to the republican formula, had obtained a large majority, thanks to the activity of its leaders and to an ardent, youthful contingent that entered its ranks; and since Pinto, who was looked upon as its leader, arose to power, it had greatly increased its strength. This party called itself liberal, but its adversaries gave it the nickname of pipiolo (novice) in a tone of disdain because of the limited social prestige of some of its members. The other current was the moderate movement, which desired a tolerant political organization with colonial institutions. Counting on the decided aid of the clergy, it was for the most part made up of rich men, heirs of entailed estates, and family heads of ancient nobility. Therefore, its opponents nicknamed this party pelucón (bigwig), derived from the powdered wigs that the aristocrats of the colony wore on solemn p233occasions: but it called itself conservative,2 and this was perhaps the name best fitted for it.

Conservatives and liberals, or "bigwigs" and "novices," then entered upon an electoral struggle at the beginning of 1828 for selecting deputies to the new constituent congress. The victory at the ballot boxes belonged by an overwhelming majority to the liberals, who hastened to discuss the constitution which was to be given to the country.

The sessions were begun in Santiago and shortly afterward were transferred to Valparaiso. The plan which served as a basis for discussion was prepared by a Spanish litterateur and educational leader who had resided for some time in Chile, José Joaquín de Mora. He was a man of marked liberal principles, which he had already diffused in his own country, and in Chile he had allied himself with this party; for this reason, as much as for his well-known literary talents, the editing of the constitutional statute was intrusted to him.

Mora was fully equal to the trust which was placed in him, and his plan, which was approved with slight modifications, appeared the best of all that had been prepared up to that time, because of its clear and concise form. The oath to support the Constitution of 1828 was solemnly taken on September 18 of that year and a compromise resulted between those of liberal and federalist tendencies. Conservative theories did not enter into it except in one respect — the Catholic religion remained in a privileged condition as the religion of the State and "with exclusion of the public exercise of any other whatever," although it was declared that "no one would be persecuted or molested for his private opinions."

In other respects, the constitution established a legislative power composed of two houses, one of senators and the other of deputies, and of a permanent commission which should exercise this power during the recess of these houses. The executive power resided in a president of the republic, in a vice-president, in case of the president's illness or death, and three ministers, selected at the will of the president. The president was to remain in office five years but could not be reëlected until after one other term, at least, should elapse, reckoned from the end of his administration. The judicial power was directed by a supreme court.

Within this organization the legislative power was supreme, or p234rather congress was the immediate representative of the people. It was the body which formed the budget, fixed the salaries of public employees, granted military promotions, and named the members of the supreme court. It also was the body that could censure the president and his ministers and hold them responsible for the acts of government. And, finally, it was congress that decided presidential elections in case none of the candidates should obtain an absolute majority in the colleges of presidential electors, whom the people appointed for each province. The choice for president was thus indirect or through a secondary election.

Everything up to this point appeared acceptable, although the liberals, wishing to avoid presidential omnipotence, would have placed supreme power in the legislative assembly and undoubtedly would have created a greater ill than they were trying to prevent; they would oppose the tyranny of one by the no less dreadful tyranny of many. But the Constitution of 1828 was fundamentally deficient in its provincial and local administration. Compromising, in this respect, with the federalism of Infante, it established provincial assemblies elected by the people, empowered to designate the respective senators and to propose three names to the chief of state for each post of intendant, vice-intendant, trial judges, and judges of letters (jueces de letras). In each department a municipality elected by popular vote appointed the governor.

Such a system was as impracticable as that of 1826, or more so, because it was not possible that, simply by reading this code, men of the provinces, most of whom were without culture, and the great mass of them destitute, should acquire the courage and independence which the practice of civic rights demanded. Briefly, the Constitution of 1828 labored under a fundamental defect; it was too far ahead of the society of the time. It trusted in the fallacy that political laws can mold people according to their will.3

The Revolution of 1829

Thus it was that this constitution did not pass its first test. In 1829 the elections for congress were carried out and soon after, in the same year, the elections for president of the republic. In both elections the liberal party received an enormous majority. Pinto was again elected to occupy the presidency; but, in trying to elect the vice-president, a grave difficulty occurred. None of the candidates for whom the provincial electoral colleges had voted received p235an absolute majority. Congress, which was in session in Valparaiso, proposed to make use of the constitutional provision for the case, which authorized it to decide the election. The candidates who had obtained the highest number of votes, but not the necessary number, were Francisco Ruiz Tagle (100 votes) and Joaquín Prieto (61 votes); but, as neither of them was a member of the liberal party, which had a majority in congress this body designated a third person for vice-president, Joaquín Vicuña, a liberal who had obtained only a very small number of votes (48) in the electoral colleges.4

The opposition group energetically protested against what they termed a violation of the constitutional code; because in their judgment this code ordered that in such a case the choice by congress must be restricted to one of the two candidates receiving the highest number in the provincial electoral colleges. Although the injunction of the constitution in this particular was not quite clear, it might at least be so inferred from its basic provisions, because such was the usage outlined for deciding the election of president. But, nevertheless, in the letter of the text it was not declared — perhaps through forgetfulness — that the same rule should apply in rectifying the election for the vice-presidency.

On the other hand, the provincial elections had been carried out with little regard for rules, which led the conservative party to call them null and void. Added to all this was the resignation of Pinto from the office to which he was elected. He based this action on motives of health, but in reality he was terrorized by the signs of revolution which were apparent throughout almost the entire republic. The conflict really ended in the revolution of 1829, headed in Concepción by General Prieto, in the name of the constitution that congress had violated.

The army of the south advanced against the capital and most of the towns favoring the movement revolted as it advanced. In Santiago, there was the most indescribable alarm. Congress had been in session at Valparaiso and declared itself dissolved by its own resolution. At the capital, a series of assemblies followed, which lasted several days and then stopped functioning, in the midst of general storm and tumult. Finally, when Prieto approached the city, the government troops were put under the command of General Francisco de la Lastra. A little south of Santiago, p236in Ochagavía, a battle took place between the two armies; the action remained undecided, because both leaders agreed to a truce or armistice. Shortly afterward, a treaty of peace was signed in Santiago, and by it the provisional command of the country and the troops of both sides were placed at the disposition of General Freire.

All did not stop here, however. The conservative party, now dominating the spirit of Prieto and having acquired power in Santiago by means of a recently created governing junta, thought that Freire was not needed, but that, on the contrary, as commander of the army he was becoming a hindrance, because of the ties that bound him to the defeated liberal party. Then the junta schemed to displace the two generals and conferred the military leadership on Prieto. This was at the beginning of 1830.

Freire left Santiago, gathered some troops, and with them went to Valparaiso and embarked for Coquimbo to organize a campaign against the party that controlled the government and to restore the authority of the Constitution of 1828. In this way the country was plunged into a civil war, and curiously enough both parties represented themselves as defenders of the violated constitution. Freire sailed from Coquimbo to the provinces of the south and pitched his camp near the Maule River. The two armies finally found themselves face to face, a little to the north of that river near the Lircay, a branch of the Maule. The battle that took place there on April 17, 1830 decided at one stroke the fortune of war. Freire was totally defeated. About three hundred were left dead on the field and an uncounted number wounded. It was the last bloody struggle of that period.

Portales and his First Dictatorship (1830‑1831)

In the midst of the chaos of civil war, one man in the bosom of the conservative party had clearly excelled all others. He was Diego Portales. Born in Santiago in 1793 of a distinguished family, he had not taken part in the struggle for independence, or later mixed in politics under the dictatorship of O'Higgins. He had been a merchant from his youth, and had thus reached thirty years of age without attracting public attention. As he had pursued very haphazard and elementary studies, he was not thought fit for the proper discharge of public affairs, nor perhaps did he consider himself fit for them.

But it happened that in 1824 he had to enter into very direct relations with the government of General Freire as agent for the mercantile house of Portales, Cea and Company, which took charge p237of the monopoly of tobacco and other articles. This enterprise, as stated above, could not carry out its contract with the treasury, which stipulated that it must cover the payments on the English loan, in compensation for the monopoly over such sales. The transaction failed and the contractors did not make the payments. After two years the contract was annulled and the monopoly was again administered by the treasury; but the liquidation of accounts pending between the government and the company was long and complicated, and political passions accentuated the trouble. The question of monopoly was thus transformed into a political question, and Portales also became a party man. Around him there was gathered a group of citizens of no little importance, which was called by their adversaries the "monopoly party."

In 1827 the party published a new paper entitled El hambriento (The Starveling), which, according to its title page, declared that it was a "public paper without periodic or literary flavor, non-political, but useful and merry." And Portales, who effectively supplemented his scant learning with natural talent and gracious and satirical genius, made his jest in prose and verse a formidable arm of attack; and his paper, widely read, gained for him a vociferous popularity. Thus in 1828, when the conservative party began to resist liberal institutions, it counted the untaught editor among its most renowned associates.

During the revolution of 1829, Portales was active as a popular agitator. A little before the encounter at Lircay, José Tomás Ovalle came into power as vice-president. Portales was then called to the ministry, in which he filled simultaneously two portfolios, that of interior and foreign relations, and that of war and navy. The activity and energy that he displayed in those offices made him the real director of the government.

From Santiago he coöperated in the campaign of Prieto, taking whatever measures seemed conducive to its triumph; and, when success came, the prestige of the minister increased so much that his authority became omnipotent. Ovalle was a good man, as an individual, but he lacked the bravery and boldness that circumstances demanded. Portales, who possessed these qualities in the highest degree, overruled him from the first day of his ministry. Congress conceded extraordinary faculties to the government and the minister began to exercise a civil dictatorship more resolute and more vigorous even than former military dictatorships (1829‑1832).

The one-time merchant, now dictator, continued to lack political knowledge. But the absence of theoretical preparation did not p238harm him. On the contrary, it seemed to favor him, because theoretical publicists were precisely the ones who had so greatly upset the country. Juan Egaña, with his moralistic constitution of 1823, and José Miguel Infante, with his federal organization of 1826, had merely produced the fruits of anarchy; and the middle road followed in 1828 by Pinto and Mora, other theorists, had not led to better results. The work of the moment consisted in giving the State an organization that would guarantee peace and working power. Portales thus understood the task and devoted himself wholly to working it out. The most urgent need, in his estimation, was to give peace to the country and stability to public administration. In order to do this it was necessary to put an end to the revolutionary spirit and to treat without pity those who disturbed public order and thus showed themselves implacable enemies of all progress.

Turbulent militarism, which had proved itself incapable of directing the republic, was the first to receive a mortal blow from Portales. On the very day that the battle of Lircay was fought, he issued a bold decree dismissing the officers and leaders of Freire's army and then included in this dismissal other leaders who, while not taking part in the civil war, did not show their frank and explicit adherence to the established government. Men like General Pinto and Las Heras fell, under the dictates of this measure. Freire was captured shortly after the battle of Lircay and exiled to Peru.

In order to guarantee political institutions against the frequent revolt of troops, Portales reëstablished the civic and national guard on an entirely new basis and distributed it in different corps under leaders of unquestioned adherence to the constituted authority. He subjected these corps to an active discipline and finally put himself at the head of one and began to attend public exercises on festal days in military uniform. A little later, moreover, he reëstablished the Military Academy in 1832, an institute destined for the technical preparation of officers. In this were to be enlisted young men of the aristocratic class, which was more inclined toward order than any other.

Having subjected to law the armed element, Portales did not show consideration of any kind toward the pipiolo or liberal party, against which he primarily fought. Defeat left it at the mercy of the victor. There was no public employment, no matter how insignificant, that was not given to individuals of the triumphant party. Not a single opponent held the task that he had performed at the time of the revolution. These positions were held by partisans of the new system. Neither federalists nor the adherents of p239O'Higgins shared or exerted any influence in the government. Infante was eliminated and likewise the partisans of O'Higgins, notwithstanding their favorable rally to the conservative party during the struggle. This exclusion reached such a point that, when O'Higgins desired to return to Chile, the will of one person was enough to keep him out. Portales closed the doors of the country on the exile, because his presence was considered disturbing.

The dictator was well aware that this severe policy, personal and absorbing, must arouse powerful resistance on the part of those whom it hurt. The military men who were dismissed and who thus lost their only means of livelihood would not easily reconcile themselves to a life of peaceful misery. The pipiolos, who exercised power during the government of Pinto, would neither resign themselves to their lot nor would they alienate themselves from public affairs. In the same situation were the followers of O'Higgins and the federalists who were not able to give up their ideal government.

Portales did not risk the danger. As soon as various tentative plots became known he suppressed them with a hand of iron. On the other hand, newspapers of a revolutionary character, violently attacking his person, showed them that the spirit of rebellion was not asleep. Unterrified by their threat he gagged the press. Without modifying the laws that established their liberty of action, he procured juries that would condemn at his wish as "seditious" those publications that were against the government and, even without referring to such juries, the extraordinary powers with which he was invested allowed him to exercise his authority against the authors of adverse articles. Among other writers who for this reason were exiled from the country was José Joaquín de Mora, whose liberalism and fresh literary genius, shown in some guerrilla newspapers, truly annoyed Portales.

[It seemed incredible that one man alone should have been able to acquire such insuperable power in so short a time. But when one recalls that colonial society had been accustomed to receiving orders from abroad and without discussion; and bears in mind that no one had revealed more character than he, nor more activity, nor more disinterestedness in the exercise of his ministry; and when it is known that a long period of anarchy had already made itself insupportable and had even led some to despair of the fate of the republic, one should not express surprise at the preference for a master who could mold the government system with steel-like energy, rather than for a multitude of men without ideas of their own and without sufficient will to cause another's to triumph. The colonial p240aristocracy which now formed the political oligarchy needed one who could master unhealthy, disorganizing passions, and it found that master in Portales.]5

[image ALT: Three photographs of various statues on high stone pedestals in urban settings, described in the caption.]

Outstanding leaders of the mid-century. Left to right: Diego Portales, founder of the system of government under which Chile continued for ninety years. Andrés Bello, leading intellectual figure of the first half-century of national history. Manuel Montt (seated) and Antonio Varas, president and chief minister of the 1850's, associates in power and leadership.

Courtesy Instituto de Cinematografía Educativa, Universidad de Chile.

The Constitution of 1833

Having reëstablished the peace of the republic, the new government determined to give it an organization more in accord with the tradition and habits of society than were those that had preceded it. Another constituent congress was convened in order to reform the Code of 1828, and that assembly, brought together in 1831, was able to finish its work two years later and present the new constitution of the republic for the sanction of the executive, which was definitely announced on May 25, 1833.6

This code began by fixing the boundaries of the Chilean state, which extended "from the desert of Atacama to Cape Horn and from the cordillera of the Andes to the Pacific Ocean, including the archipelago of Chiloé, all the adjacent islands and those of Juan Fernández." It continued by declaring that the government of Chile was "popular and representative," that sovereignty resided essentially in the nation, and that its exercise belonged to the legally constituted authorities. Then it established the Roman Catholic apostolic religion as the state faith, "excluding from public exercise any other whatsoever." Among succeeding resolutions appeared the rules relative to rights of citizenship and suffrage. To exercise the latter, one must be twenty-five years of age, able to read and write, and, moreover, must enjoy an income determined by a special law or must possess property.

Then the constitution went on to establish the fundamental principles of the republic: equality before the law; equal right to fill public office and employment, provided one met the condition demanded by the laws; proportionate division of imposts; liberty to leave the country and to change from one place to another in it; inviolability of private property, except for the right of expropriation for public use which the State reserved, but with consequent indemnity; right of petition to the authorities; and liberty to publish individual opinions in the press without previous censure.

p241 Then came the organization of the legislative power, which belonged to congress. This body was divided into two houses: one of deputies, elected popularly by departments every three years; and the other of senators, appointed by "special electors" who were chosen by the people for this purpose. The senators served nine years in their posts, one third being renewed every three years. Among the most important powers of congress were the approval or disapproval of the budgets and the authorizing of the president to make use of extraordinary faculties in specified cases and to suspend individual securities. This was equivalent to a temporary suppression of the constitution.

Continuing, the code took up the manner of making laws and then went on to treat of the executive power, which the president of the republic was to exercise. The president was chosen by special electors selected by popular mandate. He could be immediately reëlected for five years, but no more, unless a new period intervened. Accompanying the president of the republic were his secretaries or "ministers," of which at first there were three: interior and foreign relations, war, and treasury. Moreover, he had a "council of state," which advised him, and with which he must keep in accord. Among the powers of the president was one which provoked opposition in the discussion of the constitutional plan. That high functionary could declare, in accord with his council, any province whatever or the whole republic in a state of siege. With this declaration the functions of the constitution would be suspended and the executive would be armed with extraordinary powers. He could go as far as to arrest any individual and confine him at any point in the country without process of law. But such a situation could continue only for a specified time and must cease in any case on the coming together of the houses, unless these bodies should agree to prolong it and should by law authorize the president to do so.

The judicial power was established in a supreme tribunal of justice, with the guarantee of permanent tenure and responsibility on the part of the judges. The judicial magistrates must be named by the president of the republic from the three proposed by the council of state. Provincial and local administration was entrusted to the intendants and governors, who were agents and direct representatives of the executive, and to municipalities, constituted by the vote of the people.

Among the last provisions were those involving individual rights, according to which no one could be arrested without an order from competent authority, or be judged by others than the tribunals established in legal form. Moreover, it was declared that public p242education should be a "preëminent attention of the State" and permanent systems of primogeniture should be reëstablished.

Such, in the aggregate, was the Constitution of 1833, which prevailed up to 1925 with modifications of greater or less consideration. The men who chiefly coöperated in producing it were Mariano Egaña, whose plan served as the basis for discussion, and Manuel José Gandarillas, a writer who had the most prominent part in the debates that preceded its adoption. The former represented the conservative tendencies and the influence of his father, shown in his efforts to increase the authority of the president of the republic. Gandarillas, on the contrary, represented liberal tendencies, translated into an earnest determination to restrict that authority and to strengthen the action of congress.

However this may be, it is certain that, notwithstanding the severe criticisms that for one reason or another have been made against that constitution, present judgment has come to be favorable to it. It corresponded to the social state of that time and did not do more than recognize its manifestations, such as they were. From this fact came its success and the accord that definitely brought about the organization of the republic. Finally, it recognized the Catholic religion as the religion of the state, simply because no one, save some foreigners bound to the country by business ties only, thought any other way in Chile. If it revealed a certain spirit of opposition to the clergy, it did not follow that this would extend to religion itself. That opposition arose principally from its action against the patriots during the struggle for emancipation; but, that struggle now being finished, the antagonisms that had thus been provoked began to disappear, and the great mass of the country remained as Catholic as before.

The preservation of the right of primogeniture, another of the points which deserved the most bitter criticism, was in obedience to an economic reason and a political motive of the time which it was not possible to disregard. Its abolition caused considerable harm to the first born of families who had placed their hopes on such entailed property and this, added to the lordly or aristocratic prepossession to which the right of primogeniture corresponded, must strongly arouse the implacable ill will of the injured individuals against the government — an ill will which at that time endangered its stability.

Ultimately, the wide scope of the powers granted to the president of the republic, which in some ways made that functionary a provisional monarch, finds its explanation in the ingrained habit of the people of that time of obeying sovereign authority; in the p243anarchic system through which the country had passed; and in the very object of the code, which General Pinto expressed in a proclamation of those days in the following terms:

The reform (or the new constitution) is nothing more than a means of putting an end to the revolutions and disturbances which arose from the confusion in which the triumph of independence left us. For this reason the system of government to which the republic was subjected under that constitution may be qualified as "autocratic," in view of the great authority or power which was concentrated in the hands of the citizen elected as president.

The Author's Notes:

1 The text of this constitution is given in Briseño, Memoria histórico-crítica, pp442‑459. His discussion of the document is in ibid., pp184‑203. See also Galdames, Evolución constitucional, I, 671‑738.

[decorative delimiter]

2 For a discussion of political parties in Chile during the period covered by this chapter, see Alberto Edwards, Bosquejo histórico de los partidos politicos chilenos, pp7‑28.

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3 A description of this constitution is given in Briseño, op. cit., pp204‑224; the text in ibid., pp470‑488. See also Galdames, Evolución constitucional, I, 739‑783.

[decorative delimiter]

4 Barros Arana, in Historia jeneral, XV, 374, et seq., discusses at some length the constitutional question involved in this election. Joaquín Vicuña is not to be confused with Francisco Ramón Vicuña who was then temporarily filling the office of chief executive.

[decorative delimiter]

5 This paragraph, which appears in the sixth edition of the present work, is omitted in the seventh edition. It is a valid part of the author's discussion.

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6 The text of this document is given in Briseño, op. cit., pp489‑510. His discussion is to be found in ibid., pp230‑265. See also Barros Arana, Historia jeneral, Vol. XVI, chap. xxxix; and Ramón Sotomayor Valdés, Historia de Chile durante los cuarenta años, Vol. I, chaps. vi, vii; Galdames, Evolución constitucional, I, 863‑970.

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