The National Register.
London, England, 1821-03-11 00:00:00

LISBON CONSTITUTION.

CORTES.—ELEVENTII SITTING, FEB. 9.
The committee for drawing up the bases of the constitution
requested permission, by M. Mourn, to have it read. The fol-
lowing is the substance of it .•••
SECTION 1.--OF TUE INDIVIDFAL RIGHTS OF THE
CITIZEN.
Art. 1. The constitution ought to secure to every citizen his
liberty• personal security, and right of property.
2. Liberty consists in the doing of what the law does not pro •
hihit.
3. Liberty is the sacred and inviolable right which every
citizen posse: sus to dispose of his property.
4. The liberty of the citizen consists in the security which the
government ought to give him.
5. No one ought to be arrested except on a regular accusation.
6. Those easer ate excepted which the law determines ; but the
judge ie to give in writing the cause of the :nest.
';. Without this requisite condition, the arrest shall not be
considered as legal.
ti. Every citizen shall have the liberty to declare his opinions
either in writing or in discourse, so fur as he does tot infringe
the laws of the state.
9. The liberty of the preiis shall be established by the consei.
tuner.), authors being responsible, and tile Cortes shall name a
competent tribunal to judge them.
10. As to the use which may be made of religious matters, the
bishops shall have the censorship of writings on religious dogmas
and motality, and the government the means to punish the
delinquents.
1. The law is equal fur all, thetefore there must be no
exclimsive privileges.
Ig. There can be no punishment without a crime: confiscation
and effusion of blood must be :thole-died.
13. AU the citizens are to be admissible to offices, without any
distinction, melt of then talents and virtues.
SECTION 11......0F TUE PORTUGUESE NATION. ITS riefog
AND DYNASTY.
Art. 1. The Portuguese nation is composed of all the individual
Portuguese.
2. It is tree, and canrot be the patrimony of any one.
5. The fundatnental laws can be given only by the nation
itself, and its representatives.
e. The law is the general will declared by its representatives.
5. Only the representatives, united in the assembly, can make
the constitution by the unanimity or majority of votes.
6. The legislative power re-sides in the Coiled, depending on
the sanction of time King, who shall never have an absolue vote.
7. The King shall not be present except at the opening of the
C
8. The initiative of the laws belongs to the representatives
alone.
9. In the constitution shall be the divison of the three imwers :
the legislative resides in the Cortes, and in the King to sanction
the laws, as has been declared; the executive in the ministers:
and the judicial in the judges; these powers being classed in such
a manner that neither can arrogate to itself the attributes of the
other.
In. The person of the King is inviolable; the ministers are
responsible, and particularly. ht every thing that !elates to
inuividual property and liberty.
i. There shall be a Council of State as the constitution
determines. This council shall present to his Majesty lists for
public employments, unit shall have all the attributes which the
ciinst itut ion shall determine.
(2. The Deputies are inviolable, and no one can be responsible
for his opinions.
Cf. The assembly of the Cortes shall meet once every year;
and the election shull• be rustle in the manner specified by the
conetitution, and they shall meet on the day appointed in the
capital of the kingdom; and the session shall continue three
months every year ; this term shall not be prolougell, unless the
asseutbiy judges n rietaw.ary. The King cats neither prolong nor
dissolve them.
le. The Cortes may change and vary the constitution ; but in
that which is now to be fixed, malting can be clanged except
after a lapse of four years, from the slate of its promulgation.
IS. A permanent Junta of four members ut the Cortes shall
mode in the capital, that in extraordinary eases which may occur
extraordinary Cortes may be convoked.
16. To the Cortes it appertains to nominate the regency of the
kingdom, to s.ppruve treaties of alliance and commerce, to allow
the admission of foreign troops, and all the other Attributes which
the constitution eliall determine.
17. The imposittun tut taxes shell be determined by a law of
the Conine turd they elaill be proportioned in the ability of the
euntributois.
18. There shall be a Masai and a military force, according to
the papulation of the kinedom.
19. The soldier is a citizen ; and, as such, ought to participate
in all civil rights.
go. The constitution recognises the public debt,and each means
as may be judged proper shall be etlupteti for it, thecharge.

21. The Cortcs shall make and vote public csEtblishments for
foundlings, invalid,. and mendicants, and shall take the mea-
sures riquislte thr affording a good education common to all the
sitizens.
Sonic observations arose on no mention being made of religion
and the right toff succession. and the members of the committee
expldined that this arose from the hurry of copying, whence
some :tracks had been (omitted, among which were those that the
religion of the state wns the Catholic Apo,tolic Roman, and the
dynasty that of the most serene house of Braganaa; which would
be exactly seen when the bases were printed. It was resolved to
thank the committee for their zeal and pannptitude, turd that the
bases sbould be printed.
M. Francisco Snares Franco afterwards presented the following
PRal ET OF A DECREE:—

The Ceneral and Extraordinary Crites of the Portuguese
nation, considering the memorable and glorious events of the 24th
of August and 15th of September, which put the nation in pos..
session of the sacred rights of :•s representation, thstree—
ist. That those events were nezestary fur the salvation of the
kingdom, and consequently just ;ant legal.
2. That the illustrious men who commenced and executed
them deserve well of their country.
3. That as soon as the first foundations of the constitutional
edifice are iaid, a committee shall appointed to report on the
means of recompensing their tioinent ,et VieeS.
NAPLES, FEB. 24.—The principal subject on which the
Cortes have been employed for some days past is the discussion
of the bases of the dcove constitution, which have been in general
adopted with few alterations, and not much opposition.
In the sitting of the I;th a deputation from the island of Ma•
deira was received. who gave an account of the revolution in that
island, which was 'Oculist to with great pleasure hy the assembly.
An amnesty has been decreed and published for all those
Portuguese who since 11x07 have left their country on account of
their political opinions or conduct, whether they were persecuted
or fe.inAl to be so; or whether any process has been instituted
against thou or not.

LOP 011•
SUNDAY, NIAILCII 11.

The Neapolitans, we rejoice to say, arc preparing
to repel and punish the aggression of Tut: HOLY
ALLIANCE with a spirit consonant to the determined
feeling of liberty by which they are actuated ; and
most fervently du we hope that they may snake so
signal examples, even to the total destruction of
their oppressors, as may serve to curb the infamous
and villanous principles laid down by the triumvi-
rate, which, assuming most preisnely the title of
THE HOLY ALLIANCE, ought properly to bear the
appellation of THE Infernal;: ALLIANCE. The
bridges and roads have been destroyed, and every
precaution taken to rent r their ingress difficult—
may their egress never need to be provided for.
These tyrants have a great share of liberality,
whenever it can be supported at the expence of
others—thus while either the dishonesty of the
Emperor refuses, or his poverty is unable to pay the
immense debt contracted by Austria to this country,
the Magnanimous Emperor promises those of bib
troops, who are the destined means of his iniquities
on the present occasion, that they shall receive dou-
ble rations, and an additional allowance fbr clothing
—not at his cost, but that they will be charged
upon the country which has so peculiarly become
the object of his paternal anxiety.

" They offer you their protection—
Yes—such protection as vultures give
'l'o lambs—covering and devouring them.
They call on you to barter all of good
You have inherited and proved
!'or the desperate chance of something better—
hich they promise—be your plain answer this—
The laws we honour are the people's choice—
We seek no change, and least of :dl
Such change as ye would bring Us."

Our own Government fearlessly and successfully
resists every• motion which might lead to a redo lion
of expence, or a detection of oppression or mai-
vorsation. This we regret, because a pertinacious
adherence to such a principle must lead to a destruc-
tion of all that a good Englishman venerates—the
country may be awed lilt a time by muskets, bay-
onets, and sabres, but " desperation will make e'en
cowards bold"—and whenever the weight of tax-
ation prevents a man's supporting himself by his
labour, the period of desperation is film approaching.

A committee has been appointed to inquire into
Agricultural Distress—in this committees we find
many of those whose interest must be at variance
with their duty...—Can Lord Castlereagh consistently
declare, that the distress of all classes may be traced
to the profligate expenditure of the Government, or
will any man, connected with the Cabinet, ascribe
to its measures, the extreme of poverty which none
can deny?—We fear we shall tire our re•tders with
the repetition of a fact that cannot too constantly be
before them—that great retrenchment, and great
retrenchment only, can save us from total ruin.
Mr. Vansittart may plume himself on saving one
million per annum, but he may rest assured many
millions must be saved to give stability to the 60..
'ferment, or satisfaction to the people.