Star. — London, England, 1823-11-17 00:00:00

BRAZILIAN CONSTII'UTIOY. I. _. i ..__ By the packet from Rio Janeiro, we have received a copy of the plan of a Constitution for Brazil, drawn up by a Committee, and said, in the private letters, to be approved of by the Emperor Don Pedro. This docu ment consists of 272'articles, claised according to their objects under 15 titles, same of which are subdivided into sections and chapters. Title 1, " Of the territory of the Empire of Brazil," comprehends only four articles, in which the limits and divisions of that territory are described. The Empire of Brazil is declared to he " one and indivisible," and to extend from the mouth of the Oyapok to the 341 degree of South latitude. The enumeration of the provinces closes with these words—" and by federation the Cis plata State," by which the territory of Monte-Video is meant. Lest there should be some spot not included in the vast regions specifically named, a saving clause is introduced by an article which provides that the Bra zilian nation does not renounce any claim which it may have to any other possessions not included in the list of provinces. Title 2, 41 Of the Empire of Brazil," is divided into four chapters—l. " Of the Members of the Society of the Brazilian Empire ;" 2. " Of the individual rights of Brazilians ;" 3." Of political rights in the Brazilian Em pire;' 4. " Of the duties of Brazilian , ." Ail the free na tives of Brazil re , ,iding, therein, the children of Brazi lians born in fin eign countries, fired slaves, naturalized foreigners, whatever may be their religion, &c. are de clared citizens. Letters of noturalization are granted to foreigners possessing property, having agricultural or commercial establishments, having introduced or prac tised any useful art, and domiciled in the empii e. With re tard to rights, the Constitution guarantees-1. Personal liberty; 2. Trial by Jury; 3. Religious liberty; 4. The free exercise of industry ; 5. The inviolability of property ; 6. The Liberty of the Press. Thee very liberal guaran tees are, however, explained and modified by subse euent Articles. Thus, for instance, we find that the Trial by Jury is confined to criminal cases, and that civ it questions arc, at least for the present. to. continue to be decided by Judges. The religious liberty- which is promised is not carried, as in the United States, to the extent of religious equality ; for it is declared that the Roman Apostolic Catholic religion is, par excellen cis, the religion of the State, and the only one main tained by it ; but all persons belonging to any Christian communion may enjoy every political right in the em pire. Religious, not Christian, ate merely tolerated, and their profession excludes from political rights ; con sequently Jews cannot have the advantages of citizen ship. As to the press, how far it is to be free we are not certain. The Censorship, it is true, is abolished; but that measure may be accompanied with regulations sufficient to render the liberty of printing in Brazil sub ject to some of the sarcasm of Beaumarchais. We are sorry to observe that a Censorship is reserved to the Bishops on works relating to religious doctrines and morals: with such a power in their bands, it is not likely that they will permit the publication of Protestant tracts, or anything contrary to Catholicism. In title 3, " Of the Constitution and the National Representation," the constitution of the .empire is de clared to be a representative monarchy, hereditary in the dynasty of the pre,ent Emperor Don Pedro L The recognized political authorities arc the legislative, the executive, and the juJicial powers, which are to be dele gated by the nation ; and any exei cise of those powers, without such delegation, is declared a usurpation. Title 4, Of the Legislative Power," consists of three e)tapters, the second of which is subJivided into two sections. This title embraces a great number of articles which minutely pat ticulat ize the powers and the consti tution of the legislative body, called the General As sembly." The legislative authority is delegated to that Ludy and to the Emperor conjointly. The assembly is divided into two halls—the hall of Deputies, and the hall of Senators, or the Senate. No law is to be debated in secret ; arid every kind of proposition must be publicly discussed, with some exceptions expressly stated in the rules for the internal government of the halls. To authorize the adoption of a resolu _ Lion, more than one-half of the members of a hall must be present. The duration of the General As. sembly is four years; and the Session, which lasts four mouths, commences every year on the 3d of May.-- All placemen, with the exception of Ministers of State and Members of the Emperor's Council, are excluded from seats in either Hall of the Assembly. All propo. sulk for laws respecting the revenue, recruiting, or a new dynasty, must originate in the Hall of Deputies. No bill for taxes can be altered or amended by the Senate; but must be merely approved or rejected. Propositions made by the Emperor are also first discussed in the Hall of Deputies. The members of the Hall of Depu ties are elected for every legislature: but the senators are chosen for life. In the first instance, the election of Senators is to be provincial, as for the Deputies, but triple lists are to be returned to the Emperor, for his choice : afterwards vacancies in the Senate are to be filled up from triple lists, presented by the Hall 4,f, Deputies to the Empe:or. The principle of the Spani s h ' Constitution with respect to the Veto, appears to be fol lowed by the Brazilian legislators : the Emperor may refiLe his sanction to a lain, a first aad a second time; but if the same law pass in a third Assembly, it is then held to have received the Imperial as ' ent. The Emperor most give or refuse his sanction within one month. A law which has pasted both Ihdls Shall be presented to him : if he do neither within that period, the law is, notwithstanding, held to be obligatory. Title 5 contains the articles relative to the elections fc:r the Legislature, which are to be indirect—the great body of citizens voting for the electors, and those for the Deputies. This would be a kind of universal suffrage fir the choice of the electors, were it not for the nume- r )us exc:usions which follow, among which are minors, military officers, clergy iu orders, monks, domestic ser vants, and labourers hired by the day. The qualifica . tion for an elector is a clear annual income equal to the value of '250 alqueires of Man(tioca flour, estimated ac- cording to the average price of the district in which he resides. Tu be qualified for a Deputy it is necessary to be 25 years of age, to have a clear annual income equal to 500 alqiteis es of Mandioca flour, estimated in the same TI! talificatir of a Senator 40 both, but must make his option. On the accession of the Emperor, he is to take the following oath before the PrebiJent olthe Senate, and in the presence of the mem. bers of both halls, viz.— • " I swear to maintain the Apostolic Roman Catholic religion, and the integrity and indivisibility of the empire ; and to observe, Ind cause to be observed, the political constitution of the Brazilian nation, and the other laws of the empire, and to do everything in my power fur the general welfare of Brazil." _ _ Tides 7 and 8 relate to the Ministry and the Privy Council. The Ministers and their agents are declared responsible for their acts; no order of the Emperor, either verbal or written, can be pleaded in bar of this responsibility. Privy Councillors are responsible for the advice they give. Under tide 9, which relates to the Judicial Power, it is provided, that a law shall he passed to regulate the composition of Juries and the form of their proceedings. Title . lo provides for the administration of the Pro vincial Districts. Title 11 is devoted to financial regu lations; and title 12 to the mode of classing the armed force. 'The article which closes the title declares, that " the at med force is essentially obedient, and cannot be a deliberating body." • Title 13 relates to " Public Instruction, charitable establishments; houses of correction and labour." Laws are to be passed to regulate the establishment of primary schools, gymnasiums, universities, Hospitals, &c. the civilization of the Indians, the gradual emancipation of the Negroes, and means of giving them a !elisions and industrious education. Title 14 contains some general regulations which are not sufficiently important to require description. Title 15 provides for the revisal of any part of the Con•titu ' tion, when two-thirds of each hall of the constitution shall in three successive legislatures vote for the altera- . tion of an article. The above brief outline of the proposed Brafilian Constitution will enable our readers to judge of its na ture. It was supposed that the Emperor would not ac cept it, on account of its liberal tendency; but he made no objection to any-part of it. It is expected the plan will receive several modifications before it passes the Assembly. E EVENING STAR. LONDON. MONDAY, NOVEMBER 17, 1823. TUE FUNDS. STOCK EXCII.ING TW EL VE O'CLOCK. Consols opened this morning at MI, I, j, for next Account, with little doing. On the opening of the Spanish Market, a respectable Broker offered to negotiate a sum in Gutmann's New Royalist Loan: be had scarcely offered it for sale, when a most tumultuous noise and confusion took place, and he was hissed and scouted on all sides, with a threat to turn him out of the House. The whole of the House have absolutely set their face against the above Loan, It is reported that one Express has arrived from Paris this morn ing, bringing the French Rentes at 88f. 90c. and-Spanish at 24. We have no reports up to this hour. 1 it ',. • ' 1 • " 1 • • - 'I. 11; t :,, , 1 oi 01,,,1 f . 1 1 1l ~ . 1 1 1 4 ,•.' . :r4 ivf i v - V I , ,If • ' 1 F , 4 ,,,i 1 :t 1 , , 4 .‘ O ~ 4 , :i ', ‘,. t. t ;l 4 i t . . f s", PARIS, NOVEMBER 14 . r , `. 8 .~ Yesterday, before Mass, tla King gave a private au dience to the Duke of Castries, Governor of the Royal Castle of Meudon. At one o'clock his MAjestz trans acted business with the President of the Council. Be fore seeing the King the President had an audience of Monsieur.—At a quarter past two o'clock the King went to St. Cloud. PARIS, NOVEMBER 13. Private letters from Catalonia state, that our troops entered Tarragona on the 7th of this month. His Excellency the Marshal Duke of Reggio arrived in Paris on Tuesday evening. Yesterday at noon he was visited by the superior officers of the National Guard. Monday, the anniversary of the -King's' birth-day, _we understand that the superiorptEcers will give an enter well as of the Maryland and North of James' River, in Virginia, h been considerably injured by the severe frosts of h at week. In this section of country, and all south of us, o n have reason to believe the damage sustained is comps. paratively slight, and that the quantity brought to this market will not be lessened materially in consequen ce ! a BALTIMOER, OCTOEIR & " Ton accd Cnors.—We regret to learn that the frost of last Tuesday night has been so destructive to th e tobacco crops in this State. The George Town M e , tropolitan skates, that several of the tobacco planter s lost the whole, and that it is estimated 30,000 hop heads have been destroyed. Some of the most opus planters in Prince George's County have lost every pl an " Upon this subject, the Annapolis Republican of Saturday says:—' Up to Monday last, the anearlu e , of the tobacco crop, in this neighbourhood, were 1 0 . commonly fine. The plants had succeeded well, a ri d were abundant in the planting season; rains occurred in favourable time for transplanting, and the subseq uent weather brought the tobacco to uncommon size. N o , thing could he more promising than the plantations were on Monday; every planter, and all hands, were busied in cutting and housing the rich products of the year's toil. Upon a renscuable estimate of Anne Arun del County, and the adjoining part of Prince Georges, we are informed, about one third of the crop had beers' secured ; but, on Tuesday last, a keen ft ost at once blasted the whole remaining crop, and reversed every prospect of the fields, and every hope of the planter. Tobacco is a tender plant, the leaves were stiffened by the cold, the succeeding sun turned them black, withered, and ruined them entirely. " The heavy loss sustained by our country Nods on this occason, is seriously to be regretted, as adding to the difficulties of difficult times. But we are bound to bow to the dispensation as coming from the hand of a kind Peovivence,:who knoweth and sendeth that which is best for us." viaSUCI 3 will BIVC an enter- . tainment, to which his Excellency is invited, as well as • manner. The qualifications of a Senator are, 40 years Then as to the King of SPAIN'S aeclaration respect of age, and double the annual revenue of a Deputy. Tole 6, "Of the Executive Law" embraces a num• ing the loans, M. G UEBRARD tells us, that the King the Prefects of the department of the Seine and of th e I Police• Th e has annulled all the lo ans , e xce p t t h e one f or w hi ch he be; of articles, and is divided into four chapters. , person of the Emperor is declared inviolable and sacred. (M. GUEBHA nu) contracted ; a n d w t h ave a l so a proc l a - Accounts have been received at the New England He freely appoints and dismisses the Ministers of State mation, dated Port St. Mary's, in which the King, then Coffee-house, from Virginia, of the almost total failure and his Privy Councillors, nominates Ambassadors, de- in the French camp, declares void all the acts of the of the tobacco crop, of which the following are c i •op es. Glares war, and makes peace, Etc. The Civil List to be Constitutional Government. O n t h e ot h er h an d , h ow . " PETERSBURG (VIRGINIA), OCT. 10. settled at the commencement of each rei gn , an d to b e unalterable during the reign. If an heir to the crown Fever, we have a proclamation issued from Cadiz nil the " There can be no doubt, relying upon the accounts of Brazil succeed to a foreign crow n, he cannot hold 30th of September, only the day before the King threw received to-day , that the tobacco crops gerarally in FOREIGN FUNDS. Ip the early part of the morning Spanish Bonds opened at 23*, were done at 22i, I, and got up again to I, a, 24. Current Prices :—Old Spanish 241 to I,Colorn Man 591, Payais 4/ I.—ln all other Secutities there is very little doing. ONE O'CLOCK. It is reported that a Meeting will take place both at the Stock Exchange and at Lloyd's, in regard to the New Royalist Loan, for the purpose of counteracting its being negociated in this Country. PRICE OF STOCKS AT ONE O'CLOCK. 3 per Cent. Reduced 82% s/8 3 per Cent.Cons.B3 L 4 3 / B L4per Cents. Old 99% V 4 per Cents. New 103% 7 Bank Lg. Ans. 20 15.16 21—India Bonds 78s. 7305. South Sea Stock 94% Exchequer Bills (EI,000) 455. 471. Consols for Acct. 83 1 %. In a great commercial country like England, we now and then hear of mercantile transactions somewhat out of the ordinary way; but we believe no merchant, hanker, or broker ever dreamed of doing business in the way proposed by the new Government of Spain—that of just fixing what debts it chooses or does not choose to pay. In England, if a preference is given to a creditor it is considered as a fraud, and is punished with the ut , most severity ; and Governments cannot claim exemp tions from those principles of honesty which are required from individuals. If Spain is really bankrupt, let her declare so, and give up what effects the possesses to her creditors; for as Roam L'Esmixoz, in the commence ment of one of his dedications, observes, " he that is in debt, and pays as far as lie is able, is an honest man." In the case of Spain it is, attempted t• draw a dis- tinction between the several loans made to the different Governments. Nothing can be more unjust and pre posterous than this. The money was all lent to a Go vernment de facto, of which the KING was at the head, with the exception of the loan contracted for by M. which was made to a Regency at that time disavowed by the KING, and acting in rebellion to his authority. If, therefore, the King of SPAIN could, with any degree of justice, annul any loan, it must be that of M. 6 WEBIIARD. But it is said, that the KING was under the restraint of the Constitutionalists at the time the former loans were contracted. We should like to have this restraint defined. The Km, in his proclamations from Cadiz, declared more than once that he was free; he stated the same in his letter to the Duc n'Anocuma►te, and intimated that the only thraldom would be if he entrusted himself in the camp of his enemies ; and now that he did so en trust himself, and was escorted by them to Seville, where he is still guarded by Swiss troops in the service of France, are we to infer that he is more at liberty than when he was surrounded by his own subjects, whose loyalty and tenderness towards him have been too evident to be disputed? himself into the hands of a foreigner who had invaded his kingdom, and at a time when he was exercising all the authority of his station, in which are the following promi:es. " I freely and spontaneously promise, and have re. solved to observe a general, complete, and Absolute ob. livion of all the past without any exception. "In the same form I promise, that whatever changes may be made, the debts and obligations contracted for the nation and for my Government, under the pr esent system, shall he recognized, as I hereby recognize them." So much then for any arguments against the vali dity of the Loans founded on the declarations of the KING, or his situation at the time they were contracted. How far the King of SPAIN is bound in honour and jus tice to recognise debts which his Government con tracted and of which he participated, we have shewn already. , The pi oposal to rake a new loan for Spain, at the very time that a threat is made to disavow former loans, is in itself so monstrous that we are not sur prised the Agent who has the effrontery to ask it, should be insulted both on the French and English Stock Ex change. On Saturday the first proposition of the New Regency Loan was scouted on our 'Change; and an in timation was given, that if any Member of the Stock Exchange, either directly or indirectly, bought or sold any part of the new loan, a motion would be made for his expulsion; and it will be seen from our Stock Exchange Report that a new attempt to ne gociate the loan met with similar treatment to-day. —lt is well observed in one of the French Papers (the . Constitutionnd) in reference to this subject, " that it is a singular operation in a financier to endeavour to destroy the credit of that country to which he lends, because all know that the only means of maintaining credit is by paying its debts. If France had refused to recognize those of the Mildred Days, and of the times anterior to the Restoration, would thats6o vernment have found the resources which have so hap pily reestablished its finances ? " Yet France, with its agriculture, its commerce, its industry, and its Charter, was in a situation little more happy than Spain with her Monks, ber Inquisitors, and her absolute power. But what is most extraordinary in this case is, that the new lender treats those who lent before as revolutionary. We have not, up to this time, seen the spirit of denunciation applied to calculations . of this nature; see what progress public morality makes The French Papers of Friday, which we have re ceived, announce an event for which, however much it may be lamented, the Public mind was prepared. RIEGO has been executed. If Spain was not dead to every feeling of honour and patriotism, the death of Risco would rouse her: but the blood of one of the most honest and patriotic of her chiefs will, we fear, be shed in vain ; and Spaniards witness the sacrifice, the proscription, and the banishment of the most virtuous of their countrymen, without an effort to save them, of rescue their country from that reign of terror which has just commenced ; and yet it is for a nation thus sunk and degraded that our contemporaries wished England to go to war. The French Papers are principally filled with the further proceedings in the trial of Carratao. The official part of the Moniteur contains a report from Gen. LAROCHEJACQURLIN, addressed to the Duke of REcGto, who has transmitted it to the Minister of War. The report is entirely taken up with expressions of the General's satisfaction with the conduct of the officers and soldiers in the affair which took place behind Pu erto de Mirabete, on the 30th of September last. The Moniteur also contains congratulatory addresses to his MAJESTY, on the success of the expedition to Spain, from the Court of Cassation, the. Conr des Comte:, and the Royal Tribunals of Paris, Bordeaux, and Bourges. The following are extracts : !ROM THE JOURNAL DU DREAM MADRID, NOVEMBER 7.—(By Emus). Riego was executed this morning. He asked pardon of the King and of the people. An immense multitude had assembled in the square, but order was perfectly preserved. The prisoner was not insulted. After the exe- cution the cries of « rive Is Roi I" were heard.—The Etoile says he was conducted to the place of execution in a basket. drawn by an ass. Mina has embarked at- Barcelona for Gibraltar; he is going to England. Rotten has also embarked at the same place for Genoa ; he is going to Switzerland, his native country. 0 CHARLOTTSSVILLR, OCTOBRILII. " SZVERE FROST.—For two or three morningeldlis week we experienced very severe and destructive trait. The loss of tobacco is immense. We have been told that more than one half of the present crop has bees destroyed." . Gg LYNCHBURG, OCTOBEIts. " During the last two weeks we have had very cold weather ; on Monday and Tuesday nights there were severe frosts, which we are sorry to learn have mate- rially injured the tobacco. In some portions 'of Bed- ford and Botetours, from which we have heard, about half of the crop is destroyed." The Letters from Buenos Ayres state that the Chile expedition, against Peru, of 3,200 men, under the com mand of the late Director O'HIGGINS, had sailed. They were to land at one of the intermediate ports (Arica or the vicinity), already in possession of the . Patriots. The independent forces, in Central Peru, will then be 9,000 men, General SANTA CRUZ having 6,000 Colombian and Peruvian troops under his command The head-quarters of this General Was Arequipa. The chief object of attention was the populous city of CUSCO Lord COCHRANE, who had finished the affairs of Ma ranham and Para, was daily expected in the mouth of the River Plate, and it was expected he Would then coa cur in some plan for reducing the Portuguese garrison. The letters from Rio de Janeiro supply some inte resting intelligence relative to the communications be tween the new Portuguese Government and the Court of Brazil. The ship Sete de Marco, which sailed from Lisbon on the 29th of July, arrived at Rio de Janeiro .on the 16th of September, and the corvette Voador, which sailed on the same day, arrived on the 17th, with two Portuguese Commissioners, namely, the Count de Rro Mania and Don FintfOisCO Jost VIVRA, late Minister of Brazil, to announce t restoration of the Kum of Powrtrom..to his former power.-- This proceeding has given great offence to the Brazi lians, in consequence of the Portuguese Government affecting to regard the EMPIKOR as merely Prince Re gent of 131tAziL. The letters observe, that such a de• putation would never have been sent, had not the go. vernment of Portugal totally misunderstood the state of Brazil; and: that no propositions will be listened to without the preliminary recognition of the indepen dence of the new empire. The Voador, with the Commissioners on board, entered the harbour in the afternoon of the 17th, under the Portuguese flag, and without hoisting a flag of truce. She fired a royal salute, which was not returned. Soon after, an inti mation was sent on board that no person would be per mitted to land, the rudder was unshipped and deposited' in the arsenal, and the Corvette laid up underothe guae of the batteries. It was reported that in consequence of not hoisting a flag of mime, the Government bail determined to declare the vessel a prize. Letters had been received at Rio - de' Janeiro from Buenos Ayres, dated the 22d August. We learn throegb this channel that a misunderstanding had taken place between the Government of Buenos Ayres and Copiers Muds, of the lintizett sloop of , war, which appeals to relate merely to a point of etiquette. It appears* , have been the invariable practice of English men of wit lying in the outer roads of Buenos Ayres, to boards!! English vessels bound inwards. The Government d Buenos Ayres, however, lately stationed a gun.brig W the outer roads, with orders to board all vessels enter Mil before any bo at f rom t h e E ng li s h s l oop o f :war s b visit them. CaptainWrais was not disposed to give OP a right which had been constantly exercised, and a bone being sent from the BRAZEN, to board au inward•boand rhip, it was fired on by the gun-boat. Captain WhJ.J deminded an apology from the Government, which was refused. It is said, that on a further remonstrance be was ordered on board his ship within two hours. With this order he complied, but declaredhis determination to prevent all English vessels from entering, tad proceeded immediately to act on that determinatiesw - w On the dispatches with this intelligence reaching Rid de Janeire, Sir T. HARDY made preparations for alba( immediately to that port, in his Majesty's ship C. 11 0 1 .11 The English Merchants at Buenos Ayres had received full assurances from the Government, that whatever might be the result of this misunderstanding, their per. suns and property -wouldhe respected. , w d ir