The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-28 00:00:00

JULY 28, 1826.

PORTUGUESE CONSTITUTION.

Don Pedro, by the Hrace of Hod, King of Portngal, of the
Algorces, A.c. I inuk,i known to you all, low Portuguese iethjects,
that I have been pleased to decree, to give, and to cause to be
morn immediately, by the three orders of the State, the Constitu-
tional Charter hereto annexed, which is afterwards to govern my
kingdoms and possessions, and the tenotte of which follows.
CONSTITUTIONAL CHARTER FOR THE KINGDOM
OF PORTUGAL, THE ALGARVES, AND THEIR
DEPENDENCIES.
TITLE THE NINGDOM OT TOIITTGAL, ITS TER-
RITORY, ErOVERNMENT, DYNASTY, AND RELIGION.
Art, I, The kingdom of Portugol is the political association of
all Porturiese citizens. They form a free and intieundent nation.
2. Then-teak-my forms the kingdom of Portufal end the Al.
garves, and comprehends, Ist, in Ear we, the kingdi.m of Portugal,
which is composed of the provinces of Minim Trez.os-Montes,
Beira, Estrcniatlura, Alentejo, anti the kingdom of the Alpert",
and/of the adjacent islands of Madeira, Porto Santo, and the
Azores. 2d, In Western Africa, Illeseau and Cachou on the coast
cif Mina-o-Forte, of St. John the Baptist, of A juda, Angola,
Benguela, and their dependencies, Cabinda and Meleallbo, the
Islands of Cape Verd, and those of St.Thonnes and Prince's bitinds
with their dependencies ;on the ea-tern coast, 11Iorarohique; Rig de
Senna, Soffits, Inhambane, Queliinane, and the islands of exile
Jellied°. 3d, in Asia, Salsete, Raeder, Hoe, Damao Dhi, and
the establishments of3lacan, and of the islands of Sohn. and Timer.
4. roe warn does not renounce the rights which it may have
to ant rrikin of territory in these three parts of the world, not in.
eluded in the foregoing article.
,4. its Government is monarchist, hereditary, and represen-
Wive.
5. The reigning dynasty cone-noes in the Most Serene House of
Braganza. and in :he person of the Princess Donna Maria da Gloria,
by the abdication and cession of her august father Doti Pedro,
Emperor of [Snail, legitimate heir arid successor of John VI.
6. The Catholic, Apostolic, and Roman Beligien. shall con-
tinue to be the religion of the kingdom. All othir religions shah
be remitted to foreigners, as well as domestic worship, without
any external farm M temple.
TITLE 11.—OF THE PORTCGUT.SF CITIZENS.
7. The following are considered as Portuguese citizens :-1.
Those who hove been born in Portugal, and who are not at preaent
citiz,..r.s of Brazil, although their father may have been a foreigner,
pros ided he does not reside in Portugal in the service of his nation.
2. The children of Portuguese parents, and the illegitimate chil-
dren ore Portuguese mother, born in a foreign country, but real.
dent in the:kingdom. 3. The children of a Portuguese fat her resident
in a foreign country, in the service of the kingdom, though they
may not have come to reside in it. 4. Natoralised foreigners, what-
ever their religion may bc. The law Shall determine the conditione
of their naturalization.
H. 'f lie rights of a Portuguese zitizen are lost-1. By causing,
himself to he naturalized in a foreign country. •2. By accepting,
without the permission of the King, Mikes. pensions, or deco-
rations Km any Foreign Government. 3. By a sentence of ba.
rishment.
9. The rights of a citizen are suspended in two ways—l. By
physical and moral incapacity. 2. By a sentence of condemnation,
imprisonment and degradation, but only so long as it shall continue
in fore.
TITLE 111.—OF THE TOWERS OF AND TIIE NATIONAL nE.

PRESENTATION.
10. The division and harmony or political authority is the con-
servative principle of the rights of the citizens, and the Lest means
of rendering t ffective the guarantees presented by the Constitution.
11. The political authorities recognized by the Constitution of
the kingdom of Portugal are four in number—the legislative
Power ; the Moderating Power ; the Ezccuiive Power ; and the
Judicial Power.
12. The Representatives of the Portuguese naticn are—the King
and the General Cartes.
TITLE IT.-OF THE LEOTSLATIVI: POWER.
CRAP. I.—Of THE BRANCHES OF THE LEGISLA*IIVE POWER
AND OF THEIR DUTIES.

13. The legislative power is delegated to a General Cortes,
with the sanction of the King.
14. The Cre es arc composed of two Chambers; the Chamber of
Peers and the Chamber of Deputies.
13. The duties of the Cortes are to administer the oath to the
King, to the Prince Royal, to the Regent or to the Regency.
2. To elect the Regency or the Regent, and to fix the limits of
their authority. 3. To recognize the Prince Royal as successor to
the throne, in the first session after his birth. 4. To appoint a
tutor to the King when a minor, in case his father should not have
appointed one by his will. 5. To appoint, on the demise of the
King, or in case of a vacancy of the throne, a council of adminis-
tration to enquire into and to refoon the abuse:, which have been In-
troduced into it. 6. To make laws, to interpret them, to suspend
them and to revoke them. 7. To superintend the observance of
the Constitution and the general good of the nation. 8. To deter.
mine annually the public expenses, and to fix the quotas of the di-
rect taxes. 9. To permit or prohibit the en'tance of foreign sea
or land forces into the interior of the kingdom, or cnly into its
ports. 10. To determiic annually, according to the reports from
Government, the amount of the land and sea forces, both ordinary
and extraordinary. 11. To authorise the Government to contract
loans. 12. To procure and establish suitable means for the payment
of the publicdebt. 13. To regulate the administration of the no-
tional property, and to decree its alienation. 14. To create or to sup-
press public employments, and to fix regulations for them. 13. To
determine the weight, fineness, value, inscription. die, and deno-
minruion of coins, as well its the scale of weights and measures.
16. The title of the Chamber of Peers will be that of " Worthy
Peers of the Kingdom," and that of the Deputies, " Gentlemen
Deputies of the Portuguese Nation."
17. Each Legislature shall last four years, and each annual Ses-
sion fe.or months.
18. The Royal Sig;ng at the opening shall take place every year
on the 241 of January,
19. The sitting at the close shall also be a Royal sitting, and these
two sittings shall take place in a General Cortes, in which the two
Chambers shall be united, the. Peers on the right and the Deputies
on the left.
20. The ceremonial which shall be observed by them, and by the
King himself, shall be laid down in the form of a particular regu- '
lotion (rule of Parliament).
21. The nomination of the President and Vice-President of the
Chamber of Peers belongs to the King; that of President and Vic-
e of the Chamber of Deputies shall be by the choice of the
King, on a proposition made by that Chamber. That of the Se-
cretaries of the two Chambers, the verification of the powers of their
Members, the oath and the internal police shall take place ac-
cording to the form of their respective internal regulations.
22. In the union of the two Chambers, the President of the
Chamber of Peers shall direct the proceedings, but the Deputies
and the Peers shall take their places as in the Sittings of the Gene-
ral Cortes.
23. The sittings of the two Chambers shall be public, unless the
good of the public should require them to he secret.
24. Questions shall be decided by the absolute majority of Mem-
bers present.
25. The Members of each Chamber shall not be responsible for
the opinions which they may profess in the exercise of their func-
done.
20. No Peer or Deputy can be arrested during his deputation by
any authority whatever, except in the case of a flagrant crime, which
would subject him to capitalupunishment.
27. If any Peer or Deputy is put on his trial, the Judge obeli
suspend proceedings, and shall send his report to the Chamber to
winch the accused may belong. The Chamber shall decide if the
trial is to proceed, and whether or not the Member is to be sus-
pended from the exercise of his functions.
211. The Peers and Deputies may be appointed to offices in the
Ministry or in the Council of State, with this difference, that Peers
may still continue to sit in the Chamber, while the Deputies leave
their seats want. A new election is then to be made, in which
the former Member may be re-elected, and may thus act in both

capacities.
29. They mny also act in both capacities, if they held the office '
of Minister or ('ouncillor of State at the time of their election.
30. Membits cannot belong to both Chambers at once.
31. The exercise of every other employment except that of Mi.
meter or Councillor of State, ceases entirely as long as the functions
of a Deputy or Peer continue.
In the interval of the Sessions, the King cannot employ
a Peer or a Deputy out of the kingdom, and they shall no exercise
their employment when that would prevent them from assembling
at the time of the convocation of the General Cortes, whether ordi.
nary or extraordinary.
33. if by any unforeseen circumstance, on which the public
safety and the good of the State may depend, it were indispensable
that a Deputy should be sent on a mission, the Chamber to which
lie belongs shall decide concerning it.
CHAP. 11.—OF TILE cirastriEn or DEPUTIES..
34. The Chamber of Deputies is elective and temporary.
35. To the Chamber of Deputies alone belongs the initiative—
first, in the case of taxes ; second, in levies of troupe.
36. It is also in the Chamber of Deputies that the examination
of the past Administration, and reform of abuses which have been
introduced into it, shall begin, as well as the discussion of proposi.
Lions made by the Executive.
37. It is to the Chamber of Deputies alone that it belongs to
decree that there is ground for impeaching Ministers or Councillors
of State.
38. The Deputies shall receive during their sessions an allowance,
regulated at the end of the last session of the preceding legislature.
Besides this allowance, an indemnity shall be given them for tra-
velling expenses going and coming.
CHAP. 111.—OF THE CHAMBER OF PLEns.
39. The Chamber of Peers is composed of Members fur life and
hereditary, appointed by the King and unlimited in number.
40. The Prince Royal and the Infantes shall be Peers by right,
and shall sit in the Chamber of Peers as soon as they attain the
agent' 2fi.
41. The exclusive prerogatives of the Chamber of Peers am, first,
. to take cognisance of private delinquencies committed by Members
of the Royal Family, by Ministers of State, by Councillors of
Sint:, and by Deputies during the period of their leg.slation. 2. To
take care of the responsibility of Ministers anti Councillors of
btatc. 3. To convene the Cortes on the death of the King, for

Price 7d.

the election of a Regency, in rave it slimild he retptir Al, and id:
case the Provisional Regency has, not thine so before.
42. V(lien it shall be necessary to try Individnils f r crimes. for
which the Chamber of Deputies ere not the accuses, the Prneu.
rator of the Crown shall be charged with the conduct of the prose.
cntion. .
43. The Sessions of the Chamber of Peers commerce and Semis
nate with those of the Chamber of Deputies.
44. Except in cases prescribed by the Constitution, every meet-
ing of the Chamber of Peers, except at the time of the Scotian of
the Chamber of Deputies. is illegal and mill.
CHAP. Ir.—or THE PROPOSITION, DISCUSSION, SANCTION.
AND PnOSIULDATION OF LAWS.
45. The prdposal. opposition, anti spprobstion of laws, belongs
to each of the two Chambers.
40. The Executive exercises, by one or other of the Ministers of
State, the prerogative of proposMg laws which belongs to it in tha
Legislature. A- law cannot be submitted to the Chamber foe dis-
cussion till it has heen examined by a Cnrnmittee of die Chamber
of Deputies, in which it shail take its origin.
47. After the report of the Committee. the slinisters may waist
at toe debates and discuss the propesi, ion t but they (IllitrOt tote
nor be present at the division, unless they be Peers or Deputies.
411. If the Chamber of Deputies adopt t!:e law, It Shull transmit
it to the Chamber of Peers with the fo!lowing form t..._,, The Cham-
ber of Deputies sends to the Chamber of Pests the following pre.
position of the Executive power (with or without amendments;,
and thinks that there is ground for elelibenition."
49. If it cannot adopt the proposition, it romtnonicates the dr.
eurostance to the King. by a deputation of seem Members, is the
following terms i—" The Chamber of Deputies testifies to the
King its gratitude for the seal which lie has shown in watching over
the necessities of the kingdom, and begs him respoxtfillly to take
iuto tarther consideration the proposal of Covemment."
50. In general. propositions admitted and approned by the
Chamber of Deputies shall he transmitted to the Chamber of Peer*
with the following form:—" The Chamber of Depot:es seeds to
the Chamber of Seers the following proposition. and thinks there
is ground for requesting the sanction of the King."
Id. If the Chamber of Peers does not adopt entirely the propo-
sition of the Chamber of Deputies, but amends it or adds to it, it
sends it bock with the following form :—" The Chrimbet of Peers
sends to the Chamber of Deputies its proposition on such a subject.
with the stliolned amendments and additions, and thinks that fo
that state there is ground for requesting the }tonal %merit:in."
52. If the Chamber of Peers, after having deli:mated. pro.
flounces that there is not ground for admitting the propos'tion or
law, it shell say—" The Chitnibet of Peers sends back to the
Chamber witch a proposition, to which it cannot give its assent."
53. The Chamber of Deputies shall use forms simile," to those
of the Chamber of Peers, when the proposition takes its rise i:1 the
latter.
54. If the Chamber of Deputies does not approve the amendment*
or additions of the Chamber of Peers, and vice versa; and if, serer-
theless, It judges that the Imposition is advantageous, it may
require, by it deputation •of three Members, an union of the two
Chambers, which shall take place in the Chamber of Pas ; and
according to the result of the discussion. what shall be resolved
' upon shall take effect, either for the proposal of tile last, or for
its complete tejeetion.
65. It', after the termination of the discussion, one of the two
Chamber. adopts entirely the law which the other Chamber him
sent to it, it shall enlace it into the Coma of e decree; and
after having cruised it to be tend at a public sitting, it shall ad-
dress two copies of it to the King, signed by the Preadent'and two
Secretaries, rciptesting his sanction, in the following form—" The
Heneral Cortes addresstO - she King the following decree. which
it judges advantageous and useful to the kingdom, and begs his
Majesty to deign to give it his sanction."
Mi. This twisnoiseion of the decree shall besmsde Vy a &iron.
tion of seven )l,mbers, sent by the Chamber shirt) has di liberattal
last upon it, which shell at the same time infant the other Cham-
ber, in which the proposed law took its rise, that it has adopted
its proposal relative to such an object, ;old that It has caused it to
be transmitted to the King, requesting his sanction.
37. If the King refuses his assent, he shall reply in the follow-
ing terms:—" The King will consider the proposal, in order to
determine in due time."—To which the Chamber shell reply,
• i that " it cominends the King for the interest twhieh be tukes in the

nation."
63. This refusal has an absolute effect.
N. The King shall give or refuse his sanction in the inferval of
a month, reek •n ng from the date of the -presentation.
60. If the King adopts the preposition of the General Corte, he
shall express himself thus:—" The King consents." The decree
is sanctioned by this, anti becomes a law of the kingdoin • and are
of the two autograph copies, after the signatute of the King, shall
be deposited in the archives of the Clitunher which sent it, and the
other shall serve for the promulgation of the law by-the Secretary
of State whom it concerns; and it shall be deposited afterwards in
the archives of the State.
61. The Kohn of the proclamation of the law is as follower—
" Don Pedro, by the grace of Goa, King of Portugal, and the
Algarve., &e. &c. make known to all our subjects, that the Gene-
ral Cortes have decreed, and that we approve, the following law."
Were follows the text of the law, with its dispositions only.) "We
enjoin all the authorities to whom the cognizance and execution of
this law appertains, to execute the same, and cause its to be executed
and observed entirely, such as it is expressed. The Secretary of
state"—(here follows the tide of the Secretary)—" shall be charged
with the printing, publishing, and correcting thereof."
62. The law, signed by the King. countersigned by the compe-
tent Secretary of State, and sealed with the Royal secl,shall be pre•
served, in its original copy, in the archives of the kingdom, end
printed copies of it shall be transmitted to all the Chambers of the
kingdom, to the tribunals, and to all places where it is proper to
publish it.

CHAPTER V.-02` ELECTIONS.
63. The nominations of Deputies for the General Cortes shall bo
made by indirect elections. The great Hass of active citizens as-
sembled together in parish meetings shall name the etectots of pro.
vinces, and these name the representatives of the nation.
64. Those have a right to rote in the primary elections who are,
Ent, Portuguese citizens who enjoy their political rights ; second,
naturalized strangers.
65. Those are excluded from voting In the primary Cortes
who are-Ist, under the age of 25 years (married men, naval and
military officers, bachelors, and clerks in sacred orders. who shall
' be 21 years old, shall have this right as if they had attained their
25th year.) 2. Sons under the father's vont-. not having s public
employment. 3. Servants (not including, however, office-keepers.
cash-keepers in commercial houses, the servants of royal residences,
who no longer beer the white riband, end the overseers of fates
and manufactories.) 4. Monks, and all these living in spectacled
communit 5. Those who have not an annual income of 100
mile as (60 y.
0 francs) either by their goods, industry, their coin-
merce, or employment.
66. Those who cannot vote In the primary meetings of patitlica
cannot be elected themselves, nor vote for the nomination of .sny
elective national authority.
67. All those who can vote in the parochial meetines may he
electors, and vote at the election of Deputies: except 1.
who have not a net income of 2.1.10 milreas (1,200 francs) from land-
ed property, their industry, commerce, or employment. 2. Perws
enfranchised. 3. Criminals prosecuted for misdemeanors, or in
consequence of an Inquiry.
68. All who can be electors are also capable of being Deputies,
with the exception, 1. Of those who have nut 400 mitres!' (1.400
francs) net income, according to Articles 92 and 91. 2. Natura-
lized strangers.
69. All Portuguese citizens, in whatever place they may be, ore
eligible in every electoral district as Deputies, even though they
have not been born or resided there.
70. A regulating law Mall determine the mode or electing and
the number of Deputies-a tine proportion between their number
and the population of the kingdom being observed.
TITLE V.-OF THE'RING.
CHAP. 1.-OF THE IHODERATING POWER•
71. The moderating power is the key of all politcal Organi-
zation, and belongs in the Brat place to the King, as Siapretne
Chief of the State, that it may constantly watch over the Main-
tenance and preservation of the independence, the equilibrium,
and harmony of the other powers.
72. The person of the King is inviolate and sacred. He is
subject to no responsibility whatever. •
73. His titles, arc King. of Portugal and the Algarves, on this
side and beyond the sea ; in Africa, Lord of Guinea, and of the
Conquest. Navigation, and Commerce of Ethiopia, Arabia. dad
India. He is to be addressed by the title of Most Faithful
Majesty.
74. The King exercises the governing power. Ist. In norm.
oaring the Peers, without being limited by any died 'number. 2d.
In convoking the General and Extraordinary Cortes, both its the
intervals of their sessions or when the good of the kingdom re-
quires it. 3. In sanctioning the decrees and reeelutiens of the Ge-
I neral Cortes, that they may have the force of laws. 4th: It pro-
roguing or hastening the epoch of their convocation, or in orderirg
the dissolution of the Chamber of Deputies, in cares why reM the
good of the country requires it-convoking immediately a new
Chamber. sth. In nominating and dismissing without restraint the
51iniaters of State. 6th. In suspending from their lunetrons Ma-
gistrates, in cases provided for by Article 121. 7th. In rationing
or mitigating the punishment imposed mom criffirteds by the sen-
tences of Courts of Justice. Bth and Bth. In granting an am-
nesty in urgent cases, where humanity and the good of the Stale
require it.
CHAP. 11.-Or TIIE EXECUTIVE POwCX.
7b. The King is the chief of the Executive Power, loftier.
cities it by his Ministers of State. His principal prt rogatives Are
the following .-
Ist. To convoke a new Geoend fortes on the 23, of May. in
the fourth year of the existing Legislature, in the kingdom of Por-
tugal, and in the Col .niea in the preceding year.
2d. To nominate the Bishops, as well as the other Ecclesiastics
Dignitaries.
fkl..To nominate to all ensploymente, civil and politic:l
4th. To nominate the Commanders of the Forces by sea and
land; changing them as often lathe good of the State requires.
dill. Ts nominate Ambassadors, and all other political and com-
mercial agents.
7th. To direct political negotiations with Foreign States.
this. To =elude treaties of alliance, offensive and defensive,

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