The Sun. — London, England, 1824-02-24 00:00:00

THE LONDON JOURNALS. DAILY Extracts from the Morning Papers, Feb. 24 [MORNING POST.] Paris Papers to the 23d inst. arrived last night bc'Express. The near approach of the elections eX:c.lydes almost completely from their columns ait.that does not relate to_the hopes, fears, and iUterests of parties. They are therefore gene rally barren of foreignjnrelligence. It appears that the Duke orAfigouleme has not been quite so successful in the'Lai)inet as in the Peninsula ; for his protegi, General cuilleminot, who had repeatedly refused the embassy to Constanti nople, in the expectation of being appointed Mi. 'lister at War, has been obliged to submit, and is to leave Paris next month for the Turkish ca pital. It is not said whether his old rival, the Duke of Belluno, will be obliged to follow his examrplts, and to make up his mind to go to Vienna. All that seems certain is, that owing to the con teptions between them, the office of Minister at . War has fallen into the hands of a kind of middle-man, who, having received it as a trust, to be given up whenever either party triumphed, is now likely to remain its sole and permanent possessor. The Trident, 74, sailed from Brest Onthe 15th instant, with troops to reinforce the garrison of Martinique, where apprehensions were entertained lest the Blacks should proceed frOm secret " conciliabules" to open insurrection. IntelligenCe from Rome compla ins of the excessive cold of the weather, which is a phenomenon in tbit part Of Italy. All the mountains round the capital of the ancient ‘% orld were covered with an extraordinary quantity of snow, and inflamma tions of the lungs and apoplexies had increased to an alarming extent. [BRITISH PRESS.] The Chancellor of the Exchequer brought for ward his financial statement called the Budget last night. His speech will be found most fully reported in our . columns. How far the reductions proposed by the Right lion. Gentleman will be satisfactory to the country at large, we cannot now take upon us to pronounce; but his exposi tion appeared . to have satisfied the House, as there was no effective opposition to his prposi tions,nnd triumphant cheers from the crowded Ministerial benches attended the close of the Minister's address. The commencement of his speech was deferential to the house and unas suming. lie talked of a due vigilance being ex ercised by Parliament, and a constitutional jealousy, restraining by a wholesome exerciie of its power any prodigal abuse of the finances of the country. The Right Hon. Gentleman then proceeded to state the revenue and expenditure of 1824 which he followed by a detail of the revenue, expenditure, and surplus of the present year. [TH imEs.] In relation to the Chancello7 of the Exche quer's new plan, we must observe, that the publiC dislike had long settled upon various ta.?Uts;: Rs grinding and oppressive ; and in addi titio, or in conformity to national feeling, Go vernment itself had seemed to sanction the ge neral condemnation of certain of the assessed taxes by the repeal of one half of them last year. Of the remaining half, none is so odious as the window tax—none so universally felt as inconve nient and . oppressive. It is impossible to assign any just or honourable reasou why the remainder of this tax should not have been relinquished the present year, as had begun to be very generally expected. First, the machinery, more vexatious than,the tax itself, would have been got rid of. —We • should have heard no more of the Window-peeper, and all that odious tribe of inquisitors, who survey our abodes like fel lows,meditating a burglary. But this is not all, uor even the chief part of the reason for repealing the window tax. It is a direct tax. The attain ment of it brings Government immediately into contact with the people : its agents come with their books, and take the money from your pockets. Govtriirnerit may be felt in the indirect taxes, but is not seen. Surely, then, a Govern ment courting the love of its subjects, would avoid those encounters which must engender anger and dissatisfaction ; and as the demand of a direct tax, like that upon windows, is pe culiarly. hateful, so also is its repeal most sensibly and universally beneficial. Au in direct tax, like that upon coal, for example, if , repealed, is rep ea led t o an y body rather than,. and before, the people. It is repealed to the proprietor of the pit, to the keelman, to the merchant, to the subordinate venders ; for all these absorb their portion of the proffered boon before it reaches the general population of the country, to whom, indeed, but little is left to re ceive. But the remission of a direct tax is from hand to hand ; it is at once given by the Govern ment, and taken by the subject. No odious in- , terlopers obtrude to seize a share. [MORNING HERALD.] The reductions proposed last night by the Chancellor of the Exchequer, are as follows : the duties on rnm are to be reduced by one shil ling and three half-pence per gallon ; on Port of London coals there is to be a reduction of three shillings and four pence the chaldron ; on wool, a reduction of five pence per pound, reducing it to one penny per pound for export as well as im port ;. on raw silk there has been a considerable reduction, and silk manufactures are to be admis sible at an ad valorem duty of 30 per cent. EN ENV TIMES] So.general was the anxiety yesterday to hear the. financial disclosures of the Chancellor of the Exchequer, that the lobby and avenues of the House of Commons were crowded at an early hour by eager expectants, amongst whom were many eminent Capitalists and Members of the Stock Exchange, Nor was their curiosity disappointed, The IVglit Honourable Gentle man drew a most gratifying picture of the na tional resources, invigorated as they have been by the wise policy of his Majesty's Government, both in regard to the foreign relations of the country and also to the enlightened commercial principles which have been adopted on a mature consideration of their fitness to the present state of trade.—From these circumstances, such a prosperity has ensued, that the Government, which so lately reduced the Five per Cents. to Four, feels itself now in a situation to propose the reduction of the Old Fours to Three and a Half. Little or no difficulty is to be anticipated in this operation. The Stock is not comparable in magnitude to the Old Fives, which were converted into new Fours, and were in con sequence irredeemable for some years to come ; 1 and the reduction of a half per cent. on the inte rest is not much more than correspondent to the present difference of market price between the old and new Fours. The saving to the public, however, will be about 374,0001. per annum, the capital of the Stock to be reduced being between 74 and 75 millions. [MORNING CHRONICLE.] A new Tariff-bill is now before the Congress of the United States, and, although considerable opposition is preparing, in some shape or other, it is expected to pass. Its particular object is for the protection of the Woollen Manufactures of the United States, which the Governor of Massachu setts lately represented as " extending and in creasing," and also added, " that, as the means of protecting them by discriminating duties on fo reign imports, is, by the Constitution, exclusively vested in the Federal Government, it is confi dently hoped that, on a revision of the existing Tariff, an increase of duty on certain articles, and on those particularly of primary necessity, may be considered as accordant with, if not re quired, by National Policy." The quantity of flannels, for example, stated to have been manufactured within forty miles of Boston, during the last year, was 15,000 pieces, of forty-six yards each, comprising the various qualities and colours usually imported, and, during the current year, it was confidently anticipated that the quantity of the same article manufac turer! would amount to 30,000 pieces, so much were the establishments extending. There are besides other large manufactories of the same article in Connecticut and New York, and some of our dry good merchants, now in the United States, announce to their correspon dents here, that they will soon have to with draw their orders for this article, altogether, as it was confidently expected, if the protect ing duty proposed only corresponded, that the local supply would answer the demand. The new tariff bill, which the woollen manufacturers in the United States are anxious to obtain, as it stands at present, not only increases the duty on all foreign woollen manufactured goods, but also on foreign wool in its raw state ; which latter cir cumstance appears singular, if the encouragement of the manufacturer is the principal object of the proposed change. It would seen), however, as if the Government sought some compensation for the expected loss in the revenue , although it must be further observed that, in the early stage of the affair, it would be impossible to calculate with any certainty on the rates which may here , after be agreed upon. EMPIRE OF BRAZIL. The following are the principal clauses in a project of Constitution for the Empire of BRAZIL, organized in the Council of State, on bases pre sented by the EMPERO R :---- TITLE I.—OF THE EMPIR E OF BRAZIL, ITS TERRI TORY, GOVERNMENT, DYNASTY, AND RELIGION. Art. 1. The Empire of Brazil is the political association of all Brazilian citizens. They form a free and independent na tion, which admits of no other bond of union or federation which may be opposed to its independence. Art. 2. Its territory is divided into provinces, in the form at present existing, which may be subdivided, as the good of the State requires. Art. 3. Its Government is a monarchy, hereditary, consti tutional, and representative. Art. 4. The reigning dynasty is that of Senhor Don Pedro, the existing Emperor and Perpetual Defender of Brazil. Art. 5. The Catholic Apostolic Roman Religion shall con tinue to be the religion of the Empire. All other religions will be permitted with their domestic or particular worship, without any external form of temple. • TITLE lI.—OF BRAZILIAN CITIZENS. Art. 6. Those shall be Brazilian citizens-1, who are born in Brazil, whether free-born or freed men. This will be the case though the father be a foreigner, provided he does not reside in Brazil in the service of his nation. 2. The sons of a Brazilian fathef, or the illegitimate children of a Bra zilian mother born in a foreign country, who may come to establish their domicile in the empire. 3. The children of a Brazilian father who may be in a foreign country in the ser vice of the empire, even though they should not come to esta blish themselves in Brazil. 4. All those born in Portugal or its - possessions, who being resident in Brazil at the time of pro claiming the independence of the provinces in which they re side, shall adhere to that independence expressly or tacitly by continuing their residen ce . 5. Naturalized foreigners, what ever be their religion. The law shall determine the qualities necessary to obtain naturalization. Art. f. He shall lose his rights of Brazilian citizens—l. Who naturalizes himself in a foreign country. 2. Who, without leave from the Emperor, shall ..ccept employment, pension, or decoration from any foreign Government• 3. He who is barmished by judicial sentence. Art. 8. The exercise of political rights is suspended.—l. By incapacity, physical or moral. 2. By judicial degradation. TITLE lII.—OF POWERS AND THE NATIONAL REPRE. SENTATION. Art. 9. The division and harmony of political powers is the conservative principle of the rights of the citizens and the most secure means of establishing the effective guarantees which the constitution offers. Art. 10. The political powers recognized by the constitution of Brazil are four—the legislative powers, the moderating power, the executive power, and the judicial power. Art. 11. The representatives of the Brazilian nation are the Emperor and the General Assembly. Art. 12. All powers in the empire of Brazil are delegations from the nation. 'TITLE IV.-OF THE LEGISLATIVE POWER. Chapter I.—Of the branches of the Legislative Power, and their se^;crrate - juisdiciion Art. 13. The legislative power is delegated to the General Assembly with the sanction of the Emperor. Art. 14. The General Assembly is composed of two chain. bers —the chamber of deputies, and the chamber of senators or senate. Art. 15. It belongs to the General Assembly-1. To take the oath of the Emperor, the Imperial Prince, the Regent or Re gency. 2. To elect the Regent or Regency, and to mark the limits of its authority. 3. To recognize the Imperial Prince as successor to the throne, in the first meeting after . his birth. 4. To nominate a tutor to the Emperor when a minor, in case his father shall not have nominated one in his testament. .5. To resolve the doubs that may arise relative to the succession to the throne. 6. On the death of the Emperor, or a vacancy of the throne, to institute an inquiry into the administration which has concluded, and to reform abuses introduced into it. 7. To select a new dynasty in case of the extinction of the pre sent one. 11. To make laws, to interpret them, and to suspend them. 9. To watch over the constitution, and to promote the general good. 10. To fix annually the public charges, and to assess the direct contribution. 11. To fix annually, on the re port of the Government, the ordinary and extraordinary forces by sea and l an d. 12 . T o grant et to re f use an entrance to foreign t roo p s b y sea or land, within the empire or its ports. 13. To authorize the Government to contract loans. 14. To establish convenient means for the payment of the public debt, 15. To regulate the administration of the national domains, and to decree their alienation. 16. To create or suppress pub lic employments, and to establish those that are ordered. 17. To determine the weight, value; inscription, type, and deno mination of money, as well as to regulate weights and measures. Art. 16. Each legislature shall laSt four_ years, and every session four months. Art. 17: Each of the 'chambers shall have the title of " the august and most worthy 'Representatives of the Nation." Art. 18. The imperial session of opening will every year be the 3d of May. Art. 19. The session of prorogation shall likewise be impe rial, and both shall take place in general Assembly,*the two chambers being united. Art. 20. The ceremonial, and the manner in which the Em- peror shall take part in the business, shall be settled'by an in terior regulation. Art. 21. The nomination of the respective Presidents, Vice- Presidents, and Secretaries of the Chamber, the verification of the powers of its members, the form of the oath, and the in ternal police, shall be executed according to regulations to be enacted. Art. 22. In the meeting of the two chambers, the President of the Senate shall preside ; the deputies and senators shall oc cupy places promiscuously. Art. 23. To constitute - a chamber at the commencement of a session, it will be necessary that the half of the members, and one more, should have assembled. Art. 24. The sittings of both chambers shall be public, with the exception of cases where the public good-will require se cret sittings. Art. 25. Business shall be decided by a plurality of votes of the members present. Art. 26. The members of each of the Chambers are inviol able on account of the opinions which they shall utter in the exercise of their functions. Art. 27. No senator or deputy, during his deputation, can be arrested by any authority, except by order of his respective chamber, unless in flagrante delicto of a capital crime. Art. 28. If any senator or deputy be denounced, the judge suspending every ulterior proceeding shall give an account to his respective chamber, which sh a ll d ec id e w h e th er t h e proceed ing is to g o on, and whether the member shall be suspended in the exercise of his functions. Art. 29. Senators or deputies may be elected Ministers, or Councillors of State, with this difference ; that the senator may continue in his chamber, while the deputy must be sent to a new election. Art. 30. They may enjoy the two offices, if they exercised one of them at the moment of election. Art. 31. No person can be at the same time a member of the two chambers. Art. 32. The exercise of any other function, except that of Councillor or Minister of State, ceases as long as the functions of the deputy or senator continues. Art. 33. In the interval of the sessions the Emperor shall not have it in his power to employ a senator or deputy beyond the empire ; nor shall they exercise these employments when they would render it impossible to attend on the convocation of the chambers. Art. 34. If the good of the State should render in any un foreseen case a breach of this rule necessary, the respective chamber shall determine on that necessity. Chapter ll.— Of the Chamber of Deputies. Art. 35. The Chamber of Deputies is elective and temporary. Art. 36. The Chamber of Deputies has the initiative-1. On taxes. 2, On recruiting. 3. On the choice of a dynasty, in case of the extinction of the reigning family. Art. 37. The Chamber of Deputies shall likewise have the initiative in the following cases :—l. An inquiry into the past administration, and the reform of abuses introduced into it.-2. The discussion of propositions made by the Executive Power. Art. 38. They shall likewise decree the impeachment of M nisters. Art. 39. The deputies shall en:oy during the session a pecu niary subsidy besides receiving the expences of their journey to and from the chamber. Chapter lII.—Of the Senate. Art. 40. The Senate is composed of members elected for life, and will be organized by a provincial election. Art. 41. Every province shall elect a number of senators equal to half its deputies, if the number of deputies be an even one— if not, a number less than the half by one. Thus a province which sends 11 deputies shall only elect five senators. Art. 42. But if a province has only one deputy, it shall ne vertheless have a senator. Art. 43. The elections shall take place in the same way as for the deputies, but in triple lists, and the Emperor shall choose the third part of the whole list. Art. 44. Vacancies shall be filled up in the same way as a first election. Art. 45. To be a senator it is required.—l. That he be a Brazilian citizen, and enjoy political rights.-2. That he be 49, or upwards.-3. That he be a person of knowledge, capa city, and virtue, giving a preference to those who have perform ed services to their country...A. That he enjoy an income from land, industry, or commerce, of 899 milrees. mem bers of the Senate, and take their seat as soon as they are 25 Art. 46. The Princes of the years of age. , . Imperial House are of right Art. 47 privilege of the Senate.-1. To take . It is the exclusive e; cognizance of the individual offences committed by the Royal Family, the Ministers, and th eCouneillors of State, and the Sena torslegisl 2. 1 enforce the responsibility of the Deputies during the period of the a ti ve s Session.— Secretaries an d t and o Councillorsoffences o f th ofe State. 3. To expedite letters for the convocation of the assembly, in case the Emperor has not done so two months after the time prescribed by the Constitu to the ag aion the death of the Em ptieorno.r, for T tb o e c e o l n e r ti k o e n t o h f e a A u ssemel y --egeney, when necessary. net crimes, the impeachment of Chamber of Deputies, the Procu n In o t proceeding belong rour of the Crown shall be the accuser. Art. 49. The s essions of the Senate shall commence and finish at the same time as those of the Chamber of Deputies. Art. 50. With the exceptio n wh A ic r h t d 4 o B e ' s of the cases ordered by the constitution, every meeting of the Senate beyond the time of the sittings of the Chamber of Deputies is illicit and of no I effect. Art. 61. The salary of the senators shall be one half more than that of the Deputies. Chapter IV.—Of the preposition, Discussion, Sanction, and Promulgationqf Laws. Art. 52. The proposing, the opposing, and the approving of projects of laws is within the power of each of the chambers. Art. 53. The Executive Power exercises, through any of the Ministers of State, the proposition of laws ; but these pro positions can only he converted into projects of law after an examination by a commission of the Chamber. Art. 64. Ministers may assist and discuss propositions, but are not allowed to vote, unless they be members of the chamber. (Art. 55, 56, 57, 58, 59, 60 , 61, 62, 63, 64, 65, 66, 67, 68, 69, and 70, relate merely to the mode of proceeding with respect to bills in the two Chambers, and the rule which re gulate the communication between them.) Chapter V.—Of the Councils General of the Provinces and their Jurisdiction. Art. 71. The Constitution recognises and guarantees the right of every citizen to take a management in the affairs of his province, which may have a relation to his individual interests. Art. 72. This right will be exercised by chambers of districts, and Councils called " Councils General of the Provinces." Art. 73. Each of these Councils shall consist of 21 members, in the most populous provinces. (The other articles of this chapter, namely, 74, 75, 76, 77, 78, 79 ; 80, 81, 82, 83, 84, 85, 86, 87, 88, and 89, regulate the composition, business, and mode of proceeding of these Coun cils, which do not seem to come within the range of a funda mental or Constitutional aet.) ' Chapter IV.—Of the Elections. Art 90. The nominations of the Deputies and Senators for the General Assembly and of the Councils General of the pro ♦inces shall take place by indirect elections, the mass of active citizens electing in parochial assemblies the electors of pro vinces, and the latter choosing the representatives of the nation and the province. Art. 91 and 92. All Brazilian citizens have a vote in the pa rochial assemblies, with the exception of minors, military offi cers, priests, monks, servants, and a description of persons that may be called paupers. Art. 93. Those who cannot vote in the parochial assemblies cannot be members of, or vote for any authority. Art. 94 Fixes the qualification of a provincial elector at 200 milrees, arising from land, industry, or commerce. Art. 95. .Freedmen cannot vote at provincial elections. Art. 96. To be eligible to the Chamber of Deputies a quali fication of 400 milrees of net annual income is required. Naturalized foreigners, and persons not professing the religion of the state, are excluded. TITLE V.—OF THE EXECUTIVE POWER. [Here three articles are lost in the manuscript from which this version has been taken.] Art. 100. The title of the Emperor shall be that of " Con stitutional Empezor, and perpetual defender of Brazil ;" he shall be addressed by " Imperial Majesty." Art. 101. The Emperor exercises the moderating power.- 1. By nominating the senators as prescribed in article 43. 2. By convoking the extraordinary General Assembly in the in terval between the Sessions. 3. By sanctioning the decrees of this Assembly to give them the force of law. 4. By proroguing the General Assembly, and dissolving the Chamber of De puties, in cases in which the safety of the State shall require it. 5. By nominating his Ministers. 6. By suspending Magis trates. 7 and G. By pardoning and granting amnesties. Chapter ll.—Of the Executive Power. Art. 102. The Emperor is the chief Executive Power, which he exercises through his Ministers of State. The following are ' its principal attributions.--1. He convokes the General Assern bly.-2. He nominates bishops, magistrates, commanders by sea and land, and ambassadors. He forms alliances and enters into political foreign negotiations, He declares war and makes peace. He gives letters of naturalization, &c. &c. Art. 103. The Emperor, before being proclaimed, shall take before the President of the Senate the followng oath—" 1 swear. to maintain the Roman Catholic religion, the integrity and inij divisibility of the empire, to observe, and to cause to be ob served, the political constituticin of the Brazilian nation, and the laws of th e em pi re ; an d to prov id e f or t h e welfare ofßra zil as far as in me lies." Art. 104. The Emperor cannot go out of Brazil without the consent of the General Assembly ; and if he does so, he is con sidered as abdicating the Crown. Chapter the Imperial Family and its Income. (Under this head the articles from 105 to 115 are unimport ant, as in the head of income or dotation, they refer merely to future regulations.) Chapter IV.—Of the Imperial Succession. Art. 116. The Senhor Don Pedro 1., by the unanimous ac clamation of the people, now Constitutional Emperor and per- Petual Defender, shall always reign in Brazil. Art. 117. His legitimate posterity shall succeed to the throne according to the regular order of priniogeniture and re presentation, the anterior line being always preferred to the posterior ; in the same line, the nearest degree to the more re mote : in the same degree the masculine sex to the feminine ; and in the same sex, the person more aged to the younger, Art. 118. In the case of the lines of the legitimate de scendants of Don Pedro 1. becoming extinct, the General As sembly shall, during the life of the last descendant, elect a new dynasty. Art. 119. No foreigner can succeed to the Imperial Crown of Brazil. Art. 120. The marriage of the Princess presumptive heir of the crown, shall take place with the Emperor's approba tion. In case there should be no Emperor at the time when such marriage is proposed, it cannot be' concluded without the approbation of the General Assembly. Her hus; band can take no part in the Government, and not to be called Emperor until he have a son or daughter by the Empress. Chapter V.—Of the Regency during the minority or unfitness of the Emperor. Art. 121. The Emperor is a minor until the age of 18. Art. 122. During the minority the empire shall be govern ed by a Regency, to which shall belong the relative nearest of kin to the Emperor, who shall be aged more than twenty five years. Art. 123. If there be no relative of the Emperor qualifi ed, the General Assembly shall appoint a permanent Re gency, consisting of three members, the oldest of whom shall be President. Art. 124. Until the permanent Regency be appointed, the empire shall be governed by a Provisional Regency, composed of two Ministers of State and of Justice, and of the two oldest Councillors of State, presided by the Empress widow ; and, failing her, by the oldest Councillor of State. Art. 125. [TheAreater part of the words of this article are wanting. Its object appears to be to provide for the case of the death of the Empress.] Art. 126. [The commencement of this article is wanting. From the conclusion it seems to direct, that in case of phy sical or moral incapacity on the part of the Emperor, recog nized by a majority of each of the chambers of the assembly, the Prince Regent, if he be turned of 18, shall be appointed Regent.] Art. 1..7. The Regent or Regency shall take the oath men tioned in Art. 103, with the addition of a clause for fidelity to the Emperor, and for the delivery of the Government as soon as he shall he major, or his incapacity shall cease. Art. 128. The acts and orders of the Regent or Regency shall be issued in the name of the Emperor. Art. 129. Neither the Regent or the Regency shall be re sponsible.; Art. 130. During the minority of the successor to the throne, he shall have for his tutor the person appointed by his father's will ; failing of such person, the Empress Mother, while she remains unmarried ; failing her, the Assembly shall appoint a tutor; but theappointment must not be given to the next heir to the Crown. Chapter VI. —Of the Ministry. Art. 131. There shall be different Secretaryships of State, to which shall be referred the affairs belonging to each. Art. 132. Orders shall proceed from the Ministers of State, otherwise they cannot be executed. Art. 133. The Ministers of State shall be responsible-1. For treason. 2. For corruption, subornation, or extortion. 3. The abuse of power. 4. For failure in the observance of the law. 5. law p s ro ra r ll ty specify . the nature of th ese Art. 134. For acts contrary to the liber t y , s ecurity, or property of citizens. t f i cul ar public offences, and the manner of proceeding against them. 6. A Fo r r t. any waste The Ministers cannot escape from th e i r responsi bility, in consequence of any orders given by the Emperor,whe ther verbal or written. Art. 136. Foreigners, although they may be naturalized, cannot become Ministers of State. w A ast pea THE COUNCIL or STATE. Art. 137. There shall be aCouncil of ...; State composed of counsellors for life, appointed by the Emperor. Art. 138. Their number shall not exceed ten. Art. 139. In this number the Ministers of State are not to be included ; neither shall the Ministers act as Councillors of State, without being expressly appointed for that purpose by the Emperor. Art. 140. The same qualifications are requisite for a Coun cillor of State as for a Senator. Art. 141. Before taking the oath, the Councillors of State may swear, in the presence of the Emperor, to maintain the Catholic religion, to respect the constitution and the laws, to be faithful to the Emperor, and to give him conscientious ad vice, having in view only the welfare of the nation. Art. 142. The opinion of the Councillors shall be heard on all important business, and on the general measures of admi nistration ; but principally on questions of war or peace, nego ciations with foreign powers, and on any occasion on which the Emperor may propose to exercise any of the functions of the moderating power pointed out in Art. 100, with the exception of the 6th. _ - - Art. 143. The Councillors of State shall be held responsible for any advice they may give with the design of violating the laws or the interests of the State. Art. 144. The Imperial Prince, on coming of age, shall be President of the Council of State. The other Princes of the Imperial Family cannot become Members of the Council, ex cept by the appointment of the Emperor. The Princes are not to be included in the number specified in Art. 138. MILITARY FORCE. Art. 145. Every Brazilian is required to bear arms in defence of the independence and integrity of the empire, and to pro tect it against its enemies, foreign and domestic. Art. 146. The General Assembly not having determined on the permanent amount of the naval and military force, it shall remain at its present amount until the above•mentioeed assem bly shall either increase or diminish it. Art. 147. The military force is essentially obedient. It can never be assembled, except by command of the legitimate authority. Art. 148. It belongs to the executive power to employ the naval and military force as may be expedient for the security of the empire. Art. 149. Officers of the army and navy cannot be deprived of their commissions, except by the sentence of a competent tribunal. Art. 150. A special ordinance will regulate the organization of the Brazilian army and navy their promotions, pay, and discipline. TITLE VI.—OF THE JUDICIAL POWER. Chapter I.—Of the Judges and Courts of Justice. Art. 151. The judicial power is independent, and shall be composed of judges and jurors, both in civil and criminal cas e s, in such manner us the law shall hereafter determine. Art. 152. The jurors shall pronounce an the fact, and the judges shall apply the law. Art. 153. Tice :judges shall be perpetual; by which it is not to be understood that some may not be transferred to other offices and places, at the time and in the manner which the law shall determine. Art. 154. On complaints being preferred, the Emperor can suspend the judges, after giving them audience and consulting the Council of state. Art. 155. Judges cannot be displaced, except by a sentence. Art. 156. All judges of law, and officers of justice, are re sponsible for the abuses of power and transgressions committed in toe discharge of their duties. Art, 157. Judges may be prosecuted for subornation, cor ruption, or extortion ; and the action may be instituted within a year and a day, either by the person aggrieved or by any other, the forms of process established by law being observed. Art. 158. In order to the trying of causes in the second and dernier resort, their shall be established in the provinces the tri bunals necessary for public convenience. Art. 159. In criminal cases the examinations of the wit nesses, and all the proceedings of the trial, shall be published immediately on the decision. Art. 160. In civil causes, or actions for civil penalties, the parties may nominate arbitrators. Art. 161. Without proof of reconciliation having been at tempted, no prosecution can be commenced. Art. 162. For this purpose there shall be justices of the peace, who shall be elected at the same time and manner as the Members of the Chambers. Their powers and districts shall be regulated by law. Art. 163. Besides the court which must exist in th e cap i ta l of the empire , as well as in the provinces, there will also be a court entitled the supreme tribunal of justice, at which will preside judges selected from the other courts, according to their seniority. Art. 164. The duties of this tribunal will be,-1. To permit [ or to refuse the revision of causes in the way determined by th e law. 2. T o i nqu i re i nto t h e a b uses committed by its own of ficers, or those of the other courts, persons connected with the diplomatic body, and the presidents of the provinces. 3. To in vestigate and to d ec id e on disputes respecting the jurisdiction k a t Ad competency of th e provincial courts. TITLE VII.--OF THE ADMINISTRATION AND ECONDMT OF TEE PROVINCES. Chapter I.—Of iidnzinistrations. Art. 165. In each province there shall be a President ap pointed by the Emperor, who will have the power of removing him, when such a m easure may b e d eemed expedient for the welfare of the State. Art. 166. The law will determine the attributes and autho rity of these presidents. Chapter 11..Qf the Councils. Art. 167. In all the cities and towns now existing, and in those which may hereafter be created, there shall be councils for managing the economical and municipal government of the said cities and towns. Art. 168. The councils shall be elected and composed of the number of land-holders which the law may determine; and he who may obtain the greatest number of votes shall be presi dent. Art. 169. The functions of these councils, the formation of their police, the application of their revenues, and all their useful attributes, shall be decreed by a regulating law. Chapter_ THE 11. - Of the National Fi nance . (The articles whi c h f orm t hi s c h apter are wanting.) TITLE VIII.oGENERAL REGULATIONS AXE° . GUARANTEES OF THE CIVIL AND POLITICAL RIGHTS OF BRAZILIAN CITIZENS. (The articles with which this title commences are wanting.) Art. 178. 'What is stated respecting the limits and respective jurisdictions of the political powers, and respecting the cal and civil rights of citizens, is alone con s tit u ti ona l. E ver y thing not constit u ti ona l may be altered by ordinary legislatures without the formalities referred to. Art. 179. The inviolability of the civil and political rights of the Brazilian citizens, which have for their basis, liberty, and the security of persons and property, is guaranteed by the Constitution of the Empire in the following manner:- 1. No citizen can be compelled to do, or to refrain from doing any thing, except in virtue of the law. 2. No law shall he made, except for public utility. 3. Its enactments shall never be retroactive. 4. All persons may communicate their thoughts by speech or writing, and publish them by the press, independent of censorship. Nevertheless, they must be re sponsible for the abuses which they may commit in the exer cise of this right, in the cases, and according to the forms which the law shall determine. 5. No one can be troubled on account of religion, so long as he respects the State, and gives no offence to public morals. G. Every person may remain in or depart from the empire at pleasure, the police regulations being observed, and prejudice to third parties saved. 7. The house of every citizen is an inviolable asylum ; by night it cannot be entered except with the owner's consent, or to save it from fire or in undation ' • by day its a nt rance can a l one b e sanctioned in the cases, and according to the manner, which the law shall deter mine. 8. No person not indicted can be arrested, except in the cases declared by the law ; and in those within twenty-four . hours-in cities or towns near the Judge's residence, twenty four hours, and within a reasonable period in places more remote-the Judge shall, by a note signed by himself, make known to the prisoner the cause of his arrest, the names of his accusers, and of the witnesses against hint. 9. Even after indictment no person already arrested shall be detained in pri son, if he offer proper bail, in the cases in which bail is ad mitted by law ; and, in general, in offences to which no greater penalty is attached than six months' imprisonment, or banish ment forth of the district, the accused may be set at liberty on his own recognizance. 10. With the exception of persons taken in fiagrcnte delicto, no person can be imprisoned with out a written order front a lawful ,authority. If the order prove to be arbitrary, the Judge who grants it shall be punish ed in the manner the law may direct. 11. No one shall be sen tenced except by the competent authority, and in virtue of an anterior law. 12. The independence of the judicial power shall be maintained. No authority can assume jurisdiction over pend ing causes, stay them or revive actions. 13. The law shall be equal to a ll, whether to protect or to punish, and shall reward every one according g i means.taluiissedeserts. 14. Every citi zen i s admis sible to poli ce offices, civil, political, o r milit ar y, w i t h out dis tinction, except as respects his talents and virt ues . 15. N o e m shall b e exem pt f rom contributing to the expences of the state the e proportion exception of the t o his connected with offices of public ticll6i.itjili from privileges ryoianr e eirabolished i n a not nature, e. belong With e t g Y to particular jurisdictions in conformity with the law, there shall be no privileged court, nor special commissions, either in civil or criminal causes. 11. A civil and criminal code, founded on the solid basis of justice and equity, shall he drawn up as soon as possible. 19. From this time henceforth are for ever abolished, whipping, the torture, branding, en d all the more cruel punishtnnts. 20. No punishment shall extend beyond the person of the delinquent. Wherefore i n no case shall property be confiscated, or infamy be transmitted t 0 any of the relatives of the criminal. 21. The gaol shall be se cure, clean, and well regulated having divisions for the separa tion of the prisoners according to their circumstances, and the nature of their crimes. 22. The right of property is guaran teed in its fullest extent. If the public good, legally proved, require the use or the loan of property, the owner shall be pre- viously indemnified for the value thereof. 23. The public debt is in like manner fully guaranteed. 24. No kind of labour, cul tivation, industry, or commerce, can be prohibited if it be not opposed to public morals, or to the safety and health of the citi zens. 25. All professional corporations are abolished. 26. In ventors shall have secured to them the property of their dis coveries or productions. 27. The secrecy of letters is inviola ble. The administration of the post-office is made rigorously responsible for every infraction of this article. 28. Rewards conferred for services done to the state, whether civil or mili tary, remain guaranteed. 22. Public officers are responsible for abuses and omissions in the exercise of their functions, and for not exacting an effective responsiblity from their subalterns. 30. Every citizen may present in writing to the Legislative Body and to the Executive, remonstrances, complaints, or petitions, and may expose any infraction of the constitution, re quiring from the competent authority . the effective responsibility of the infractors. 31. The constitution also guarantees public succours. 32. Primary and gratuitous instruction to all cid.. zens. 33. Colleges and Universities, wherein shall be taught the elements of the sciences, literature, and the arts. 34. The constitutional authorities cannot suspend the constitution, in what respects the rights of individuals, except in the casts and circumstances specified in the next section. 35. In case of rebellion or of hostile invasion, and the safety of the State re quiring that some of the forms which guarantee personal liberty should b e di s p ense d w ith for a certain time, the same may be done by a special act of the legislature. If, however, the legis lature should not at this time be assembled, the Government may, the danger of country being imminent, exercise this pre caution as a provisional and indispensable measure, to be imme diately suspended when the necessity which caused it ceases ; in either case, there is to be presented to the Assembly on its r n e i s e t e t i a n n g d , o a t h r e e p r o r p t r c o :a n u a t l the onar imprisonments measures v, which c n h d maygrounds o v ef beenar taken. Whatever authorities may have ordered those measure* shall be held responsible for the abuses which may have taken place. (Signed) (Signed) Joao Leveriano Dlaciel da Costa. Luiz Jose de Cavallio e Mello. Clemente Ferreira Franca. Mariano Jose Pereira da Fonceca. Joao Gomes da Silveira Etridonga. Francisco Villela Barboza. Barao de St. Armaro. Antonio Luis Aeceira da Cunha. Dlanoel Jacinto Nogueira Game. Jose Joaquim Carneiro de Campos. Rio de Janeiro, Dec. 11, 1823. ' l .* It will be observed that a few paragraphs are omitted ia the preceding version, besides others which are abridged. omissions were occassioned by the loss of a folio or two in the` manuscript copy from which we made our translation. %% believe they will be found of no importance. BIRTHS. On Monday, the 9th inst., at Basildon Park, the L a dy of Sir Francis Sykes, Bart., of a still-born child. On Thursday last, at Halsted, the Lady of Robert Sayer, Esq., of a daughter. MARRIED. Re-married, yesterday morning, at St. George's,, Hanover — square, Philip Pitt Nind, Esq., of the lion. East India Com-. pany's 3d Regiment of Bengal Light Cavalry, to Caroline,. fifth daughter of the late William Davis, Esq., of Winter — bourne Abbey, Dorset. DIED On Sunday, at Hammersmith, Harry Stoe, Esq., in his 73d year. Suddenly, on the Bth inst., at Tours, in France, at an ad— vanced age, and after a long illness, Richard Archdall, Esq., many years a Member of the Irish, and latte r ly, o f th e I m perial. Commons House of Parliament. Printed and Pnblished for the Pnorßrzcroßs, at the SUN"' OFFICE, 112. Strand, by J. 13. CARSTAIRS.