The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-05 00:00:00

CHAPTER VIII. ON THE MILITARY FORCES.

115., All Ilrazilians a;e obliged to bear am a, to sustain the inde-
pendence and integrity of the einpire, and to defend it against ex-
ternal and internal enemies.

146. Inasmuch as the General Assembly has designated the
military permanent forces both by lard and wits, they shall subsist
as they are, until they be augmented or diminished by the As-
sembly.
147. The military force is essentially obedient. It can never
assemble without the order of legitimate authority.
148. With Vic executive power only exists the right of employ.
ing the military, the armed forces both by land and sea, in such a
way as may appear to it conducive to the saf.:cy and defence of the
empire.

149. The officers of the army or navy cannot be deprived of
their brevet, except by benteree delivered by competLnt tti-
bunah.

LW. % special ordinance shall regulate the organization of
the army and navy of Brazil, its prrniotion, pay, and discipline.
TITLE. V!.

CHAPTER I. OF THE JUDGES AND COURTS OF JUSTICE.

151. The judicial power is independeni, 1;1;(1 shallVe insist of
judges and juries, which shall be employed as well in civil as cri.
initial cases, in a manner determired by the codes.
152. The juries shall pronounce as to the facts, and the judges
shall apply the laws.
153. The judges of law shall be perpetual. It must not, how.
ever, be understood by this that they cannot be removed from one
place to another in the course of time, and in a manner determined
by the law.
154. The Emperor may suspend them on complaint made, after
having, however, heard the judges themselves, taken the necessary
information, and heard the COUrtil of State. Acts relative to affairs
of this kind shall be sent into the:respective districts, that they may
then proceed according to the laws.
155. The judges shall not hist their places except by a judgment.
156. All the judges of a district and the officers of justice are
responsible fur the abuse of power, and the prevarication which
they rosy be guilty of in the exercise of their employment. This
responsibility shall be rendered effective by a regulating law.
157. A popular action may be brought against them for suborns.
tion, corruption, peculation, and exaction. This action shall be
prosecuted within a year and a day by the complainant himself, or
any other individual of the city, conformably to a legal order of
proceeding.
158. There shall be in the Provinces of the Empire tribunals of
thesecond and third instance, to meet the convenience of the inha-
bitants.

159. In criminal cases, interrogatories of the witnesses shall be
published ; all the other proceedings shall be published after judg-
ment.
11:0. In cirt cases, and in criminal cases bordering on civil, the
parties may name arbiters, when judgment shall be executed with-
out appeal, if the parties are agreed among themselves.
Itil. No proceeding shall be commenced until it has appeared
that means of conciliation have been had recourse to.

162. For this purpose there shaq be justices of the peace, who
shall be elected in the same manner. and for the same period as
officers of the Chambers. Their jurisdictions and districts shall be
regulated by a law.
163. In the Capital of the Empire. in addition to the tribunal
which should be there as in other provinces, there shall be another
tribunal under the denomination of Tribunal of Justice, the mem-
bers of which shall be taken front the, other tribunals, and ho-
noured with the title of Counsellors. Ths officers of tribunals at
present abolished shall be employed in the organization of the new
tribunal.

161. To this tribunal belongs the right—lst. To grant or refuse
a revision of causes according to the determination of law; 2. To
take cognizance of crimes and faults committed by its own officers
and those of other tribunals, by the employes, the Diplomatic
Corps, and by the Governors of provinces; 3. To take cognizance
of, and to decide disputes of jurisdiction, and the colnpeteney of
the tribunals of the provinces.

TITLE VII. OF THE ADMINISTRATION AND ECONOMY OF
THE PROVINCES.
CHAP. I. OF THE ADMNIISTRATION.

1135. There shall be in each province a Governor appointed by
the Emperor, who can change him for the good of the service.
Mi. The law stall point out his privileges, his juriadicion, and
his authority, and every thing conducive to the better executiort of
business.

CHAP. 11. OF THE rttovlNctat. CHAMBERS.
167. In all the cities and towns which exist at present, and
which may hereafter exist, there shall be Chambers, to which will
appertain the domestic and municipal government of those cities
and towns.

168. These Chambers ►hall be elective, and consist of a number
of officers designated by law. Ile who shall have the greatest
number of votes shall be named President.

169. A regulating law will determine the exercise of municipal
functions, the fomiation of their measures of police, the applica-
tion of their revenues, and all their other particular and useful
privileges.