The Sun.
London, England, 1826-07-05 00:00:00

CONSTITIITION OF BRAZIL.

(From the Constitutionnel.)
PROJECT OF THE CONSTITUTION FOR THE EMPIRE OF
BRAZIL, DRAWN UP IN THE COUNCIL OF STATE, ON
THE BASIS LAID DOWN BY HIS IMPERIAL MAJESTY,
DON PEDRO THE FIRST, CONSTITUTIONAL EMPEROR,
AND PERPETUAL DEFENDER OF BRAZIL. /,

(Prom the National Press of Ilio;hineiroo
Leontipue4 froMour Paper of yestepso
.
I'!s. The acts of the Regent or RigencY,iltall Lain the name
of the Emperor; with the tbllowing form The 'Regency, in
the name of the Emperor, orders."--"The Impeigat Prince:Re-
,
gent, in the name of the Emperer, orders."
129. Neither theßegent nor Regemly shall be responsible.
190. During the minority of the of tlie successor to the Crown,
he shall have for tutor him who will be designed by his father's
will. In the absence of any designation of that tort, the Em-
press Mother, if she be riot again married; in default of these,
the General Assembly shall name a tutor, who can never be
the person to whom the Prowri might descend after the minor.

ieveral. Secretat its of State. The busi.
ctiarrEa Vt. OY THE MININTIVY.
131. There shall be
new of each, as well ILI the number of them, shall be tictermiticil
by law. -

132. The Minkteis of State will report and sign all the Ada
of the Executive Power, which are not to be exerchell without
such form.

133. The Ministers of State shall be responsible first for teen-
son ; secondly, for corruption, subornation, and conspiracy ;
thirdly, abuse of power ; fourthly, neglect of the laws ; fifthly,
acts contrary to toe liberty, the security, and the property of the
citizens; sixthly, all waste of the Public money.
134. A special law hholl point out the nature of these crimes,
and the manner of proceeding with respect to them.
135. The order of the Emperor given verbally or in writing
jail not preserve the Ministers from their responsibility.

136. Foreigners, although naturalized, shall not be Ninioteta
of State.

cliArrF,B. vii. ,U TIIE ( N'TATE.
137. Tliere shall be a Council of State, consitthig of Council
fors, named"fOr life by the Emperor. • •
138. They shall not exceed the cumber of ten.

139. The Minister! of State ore not, however, included, who
are alwaya reputed .Conticillors of State, without u special desig-
nation from the Emperor to that effect.
'l4O. To be a Councillor of State, it laineces:3;try to possess the
laipt -qualifications as to be st Senator.

i
: :14,1:' The Cottmo4 oof State, before entering on th- r lune-
lions, 1.410 - take an oath between the hands of the Eni eror to
riutintain alwayi the Roman Catholic awl Apostolic R...liguni, and
to Ohierve the Constitution and the laws, and to be faithful to the
Emperor, and to give counsel according to their conscience, hav-
ing the good of thVSeittrc only at heart.
142. The Councillor* shall be heard in all affairs of import-
ance, and ht the general measures of public adminiatration, parti-
cularly when there is a (164h:in of the tit claratim of war, treaty
Of peau,*, negociations with fetigtnations, as well as on all occa-
iimis w which, the Emperor prop)** to exercise .some of the
rights a. the moderative power pointed out,by-Artick 101, with
the exception of the sixth earagaph. .
.. '
11j..Tbe Councillors 01 State ore responsible for the eounschi
they gtveicintrary to law, or in such 'a manner Its to lead into.
manifest &tor,
14 t. As soon as the Imperial : Prince shall have attained his
eighteenth year, be shall be admitted of right a Member of the
Courted of State. The other Princes of the Imperial Route must
receive a nomination front the Emperor before they can enter the
Council of State. These Princes, as well as the Imperial Prince,
are placed under the rules of Article 108.

CHAPTER. Ylll. ON THE MILITARY FORCES.
1 to. All Brazilians arc obliged to bear arms, to sustain the
independence and integrity of the empire, and to defend it against
external and internal enemies.

146. Inasmuch ak,the General 'Assembly has designated the
military permanent forms both by land and sea,. they shall sub-
sist as • they are, waif they be aug►uentd or diminished by the
'Assembly.
141. The military force is' essentially obedient. It can' never
assemble without the order of legitimate authority.
148. With the exoeutive 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 safety and defence of
the empire.
149.. The officers of the army or navy cannot be deprived
of their brevet, except by sentence delivered by competent tri-
bunals.

150. A special otdonnanee shall regulate the orgauisation of the
army and navy of Brazil, its promotion, pay and discipline.

TITLE VI.

CHAPTER I. OF THE JUHOES AND COURTS OF JUSTICE.

151. The judicial power is indepemlent, and shall consist o:
judges and juries, which shall be employed as well in civil as
.iu a manner determined by the codes.

I 52. The juries shall pronounce es to the facts, and the judges
shell 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 iu the course of time, and in a manner deter-
mined by the law.

154. The Emperor ►may suspend them on complaint n►ade, after
having, however, heard the Judges themselves, taken the necessary
information, and heard the Council 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.

156. The Jiidges shall not lose their places except by a judg•
ment.

• 156. All the Judges of a district and the officers of justice are
responSible for the abuse of poWer, and the prevarication which
they may be guilty of in the exercise of their employment. This
responsibility shall be rendered effective by a regulating law..
167. A popular action may be brought against them for subor-
nation, corruption, peculation, and exaction. This action shall
Ito Inl'Aectited within a year and'a day by the complainant, him-
or any othe• Individual of tht • city, cowl:notably to a Tegni
order of proceetlink:
1103. There *hall ho in the Provinces of the Empire tribunals
of the second and third instance, to meet the convenience of the
inhabitants.

MIL In criminal eases, interrogatories of the 'witnesses, shall
be published ; all the other proceedings shall be published after
judgment. •
160, In civil cases, and in criminal cases bordering on civil,
the parties may name arbiters, when judgMent shall be executed
without appeal, if the parties are agreed, among themselves..
• 161._ No proceeding shall be commenced until it has appeared
that means of conciliation have been had recourse to.

162. For this purpose there shall be justices of the peace, who
shall he elected in the same manner, and fur 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 ether provinces, there shall be another tri-
al of Justice, the Mem-
in.nat.Tribunal
hunal under the lICOO ;on of
hers of which shall he taken from the other tribunals, and
lto-
neared with the title of Counsellors. The officers of tribunals at
present abolished, shall be employed in the organization of the
new tribunal.

164.. To this tribunal belongs the right—lit. To grant or re-
fuse A revision of causes according to the determination of law ;
2. To take cognizance of crimes and faults committed by itsown
off►cers, and those of other tribunals, by the employes, the Diplo-
►natic Corps; and by the Governors of provinces; 3. To take
cognizance of, and to decide disputes of jurisdiction, and the corn-
petency of the tribunals of the provinces.

TITLE Vll. OF TN*: ADMINISTRATION AND IiCONOMY OF TIM

PROVINCES.

CHAPTER. 1. OZ THE ADMINISTRATION.

165. There shall be in each province a Governor appointed
by tha,Emperor, who can change him for the good.of the service.
166.. The law shall point out his privileges, his jurisdiction,
and his authority, and every thing conducive to the better execu-
tion of businew.