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CONSTITUTION 445 Of an ecclesiastic occupying a position of dignity; Of a general in the army or navy; Of a chief of some office of the Treasury; Of an individual who has filled the position of Minister of State, Diplomatic Agent, Intendente, Governor or Chief of Municipality. These last five Councillors shall be appointed by the President of the Republic. The Council shall be presided over by the President of the Repub- lic, or in his absence by one of its members appointed by itself as Vice- President, virho shall be chosen annually, and may be reelected. The Vice-President of the Council shall be considered the oldest member for the ends contemplated in Articles 75 and 78 of this con- stitution. Cabinet Ministers shall only have a voice in this Council, and if any Councillor be chosen Minister, he shall vacate his former office. Art. 103 The qualifications for Councillor of State shall be the same as for Senator. Art. 104 the powers of the council of state ist. To give its opinion to the President of the Republic in all cases in which he shall ask it. 2d. To suggest to the President for appointment, in cases of va- cancies in courts of first instance and the higher tribunal of justice, such persons as it shall deem suitable, in conformity with the propo- sitions of the Superior Tribunal, as by law provided, and in the form prescribed in the same. 3d. To present nominations by threes for Archbishoprics and Bishoprics, dignitaries and prebends of cathedrals of the Republic. 4th. To take cognizance of all matters pertaining to patronage and protection, which may come into dispute, in obedience to the decision of the Superior Tribunal of Justice, as by law required. 5th. To take cognizance likewise in disputes of jurisdiction be- tween the administrative authorities, and in such as may arise be- tween these and the courts of justice. 6 th. To declare whether or not there be grounds for prosecution upon criminal charges against Intendentes, Military Governors, and Governors of Departments; except in the cases in which charges against Intendentes are instituted by the Chamber of Deputies. 7th. To give its assent to the declaration of a general call to arms