The Sun.
London, England, 1823-11-17 00:00:00

BRAZILIAN CONSTITUTION.

By the packet from Rio de Janeiro, we have
received a copy of the plan of a Constitution for
Brazil, drawn up by a Committe, and said in the
private letters to be approved of by the Emperor
Don PEOILO. 'this Document consists of 272
Articles, classed according to their objects un-
der 15 titles, some of which are subdivided into

sections and chapters.
Title 1. " Of the territory of the Empire of Brazil," com-
prehends only four articles, in which the limits and divisions of
that territory are described. The Empire of Brazil is declared
to be " one and indivisible," and to extend from the mouth of

Oyapok to the 34i degrees of South latitude. The enumera-
tion of the provinces closes with these word*--" and by fede-
ration the Cisplam State," by which the territory Of Monte-Video
is meant. Lest there should be some spot not included in the

vast regions pecitically named, a saving clause is introduced
by an article which provides that the Brazilian nation does not
renounce any claim which it may have to any other possessions

not included in the list of proNinces.

Title 2, " Of the Empire of Brazil," in 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 Empire ;" 4. " Of the

duties of Brazilians." All the free natives of Brazil residing

therein, the children of Brazilians born in foreign countries,
freed slaves, naturalized foreigners, whatever may be their re-
ligion, &c. are declared citizens. Letters of naturalization are
granted to foreigners possessing property, having agricultural
or commercial establishments, having introdUced or practised

any useful art, and domiciled in the4mpire. With regard to'
rights, the Constitution guarantees—l. Personal liberty; 2.
Trial by Jury; 3. Religious Liberty; 4. The free exercise of
industry ; 6. The inviolability of property ; i. The Liberty of
the Press. These very liberal guarantees are, however, ex-

plained and modified by subsequent articles. Thus, for in,
stance, we find that the Trial by Jury is confined to crimi-
nal Ames, and that civil questions are, 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, por excelkntia,
the religion of the State, and the only one maintained by it;
but,all persons belonging to any Christian community may en-
joy every political right in the empire. Religions, not Chris-
tian, are merely tolerated, and their profession excludes from
political rights consequently Jews cannot have the advantages
of citizenship. 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 subject 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
hands, it is not likely that they will permit the publication of
Protestant tracts, or of any th ing contrary to Catholicism.
In title 3, " Of the Constitution and the National Represen-
tation," the Constitution of the empire is declared to be a re.
presentative Monarchy, hereditary in the dynasty of the present
Emperor Don Pedro L The recognized political authorities
are the legislative, the executive, and the judicial powers,
which are to delegated by the nation ; and any exercise of those
powers, without such delegation, is declared a usurpation.
Title 4, " Of the Legislative Power," consists of _three
chapters, the second of which is subdivied into two sections.
Tins title embraces a great number of articles which minutely
particularize the powers and the constitution of the legislative
body, called " the General Assembly." Tire lepalative 'au-
thority is delegated to that body awl to the Emperor con-.
Deputies,
The Assembly is divided into two balls—the ball of
Deputies, and the hall of Senators, or the Senate. No law is
to be debated in secret; and every kind of proposition must be
publicly diactissed, with some exceptions expressly stated in
the rules for the internal government of the halls. To audio.-
rize the adoption of a resolution, more than one half of the
members of a hall must be present. The duration of the Ge-
, General Assembly is 4 years ; and the session, which lasts 4
months, commences every year on the 3d of May. All place-
men, 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 proposals Mr laws respecting the revenue,
recruing, or a new dynasty, must originate in the Hall of De-
puties. No bill tor taxes can be altered or amended by the
Senate ; but must be merely approved or rejected. Proposi-
tions made by the Emperor are also first discussed in the Hall
of Deputies. The members of the Hall of Deputies 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 Hail
of Deputies to the Emperor. The principle of the Spanish
Constitution with respect to the Veto appears to be followed
by the Brazilian legislators : the Emperor may refuse his sanc-
tion to a law, a first and a second time ; but it the same law
pass in a third Assembly, it is then held to have received the
Imperial assent. The Emperor must give or refuse his sanc-
tion within one month. A law which has passed both Halls
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 for the
Legislature, which are to be indirect—the great body of citi-
zens voting for the electors, and those for the Deputies. This
would be a kind of universal suffrage for the choice of the elec-
tors, were it not for die numerous exclusions which follow,
among which are minors, military Accra, clergy in orders,
monks, domestic servants, and labourers hired by the day.—
The qualification for an elector is a clear annual income equal
to the value of 250 alqueires of Mandioca flour, estimated ac-
cording to the average_price of the district in which lie resides.
To be qualified for a Deputy. it is necessary to be 25 years of
age, to have a clear annual income equal to 500 alqueirea, of
Mandioca flour, estimated in the same manner. The qualifi-
cations of a Senator are 40 years of age, and double the annual
revenue of a Deputy.
Title 6, " Of the executive Law" embraces a number of
articles, and is divided into four chapters. The person of the
Emperor is declared inviolable and sacred. He freely appoints
and dismisses the Ministers of State and his privy councillors,
nominates ambassadors, declares war, and makes peace, &c.
The Civil List to be settled at the commencement of each
reign, and to be unalterable during the reign. If an heir to
the crown of Brazil succeed to it foreign crown, he cannot hold
both, but must make his option. On the accession of the
Emperor, he is to take the following oath before die President
of the Senate, and in the presence of die members of both
halls viz.:--
I " swear to maintain the Apostolic Roman Catholic religioa ,
and the integrity and indivisibility of the empire; and to ob-
serve, and cause to be observed, the political constitution of
the Brazilian nation, and the other laws of empire, and to do
every thing in my power for the general welfare of Brazil."
Titles 7 and El relate to the Ministry and Privy Council. The
Ministers and their agents are declared responsible for their
acts ; no order of the I'.:nipetor, either verbal or written, can
be pleaded in bar of this responsibility. Privy Councillors are
responsible for the ad vice they give.
Under tide 9, which relates to the judicial power, it is pro-
vided, that a law shall be passed to regulate the composition of
juries, and the form of their proceedings.
Title 10 provides for the administration of the provincial
districts. 'late )1 is devoted to financial regulations ; and
tide 12 to the mode of classing the armed force. The article
which closes time title declares, that " the armed force is easel:-
deny obedient, and cannot be a deliberating body."
Tide 13 relates to " Public instruction, charitable establish-
meats, 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 religiOnf, and industrious education. Title 14 contains
some general regulations which are notaufficiently importmint to
require description. Title 15 provides for time revisal of any
part of the Constitution, whenAtvo-thirds of saes half of the
Constitution shall in three at.:eCessive legislatures vote for the
alteration of an article.
The above brief outline of time proposed Brazilian Constitu-
tion will enable our readers to judge of its nature. It was sup-
posed diet the Emperor would not accept 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 Asaembly.