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

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 cases,
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 the capital
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 the
law. 2. To inquire into the abuses 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 decide on disputes respecting the jurisdiction
k atAd competency of the 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 measure may be deemed 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 Finance.
(The articles which form this chapter 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 constitutional. Every
thing not constitutional 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 antrance can alone be 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 all, whether to protect or to punish, and shall reward
every one according
gi means.taluiissedeserts. 14. Every citizen is admis-
sible to police offices, civil, political, or military, without dis-
tinction, except as respects his talents and virtues. 15. Noe
m
shall be exempt from contributing to the expences of the state
the
e proportion
exception
of the
t o
his
connected with offices of public ticll6i.itjili
from
privilegesryoianr e
eirabolished i na not
nature,
e.
belong
With
et
gY
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, end
all the more cruel punishtnnts. 20. No punishment shall
extend beyond the person of the delinquent. Wherefore in 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 be dispensed with 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
rnei
sete t ianngd,
oa t
hr eepro rptr
co:an
ua
tl the
onar imprisonments
measures
v, which
cnhd
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.