The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-08-01
THE CONSTITUTION OF BRAZIL.

The last experiment in constitution max
ing was laid before the world by the Consti-
tutional Convention OF Australia. Before
that Japan had exhibited its capacity to
frame an organic instrument, Neither of
these pieces OF machinery commended them
selves TO enlightened approval. The Austral-
asian Constitution was an ATTEMPT to recon-
Gle The accepted dogma5 of modern political
science with the relics of autCcracy still pre-
vailing in England, The japanese instru-
ment was pale copy Of the constitution
which Bismarck gave to Germany nearly
twenty years ago, and in which the rights of
the citizen were squeezed beyond bearing
between the privileges of the nobility and
the assum ptions of the Emperor as head of
the army. In both of these constitutions all
that is good was borrowed from the Consti-
tuition of the United States; but the trainers
of neither had the courage to carry out their
doctrines to their natural conclusions.
We have now before US third effort at
constitution making in the shape of the in
strnment which the Constitutional Congress
OF Brazil has adopted as the supreme law of
the new republic. 1t embodies the best fea-
lures of the American Constitution, and i'm
proves upon some of them, by adopting a
number of provisions which are wanting in
that instrument.
1t starts out with universal suffrage. But
an exception is made in the ease of beggars,
persons ignorant of the alphabet, soldiers in
actual service and priests, who may not vote.
The voters elect, by direct suffrage. the
President and Vice-President of the re-
public, the members of the Senate and the
members of the Chamber of Deputies.
There is to be one Deputy for every 10000
people, and three Senators for every State.
Senators shall hold Office for nine years and
the President for four; he shall lie ineligi-
Bile for reelection. ANY Deputy or Senator
who accepts Office from Government Except
a command in the army in time of war or a
diplomatic mission) or post of director in
bank, company or financial enterprise va
Gates bis seat.
The powers of Congress are generally
similar to those of the Congress of the
United States. There are some differences.
however. Congress alone may establish
banks of issue; it may not imposs duties
on foreign merchandise in transit: it NAV
not establish, aid or embarrass" the ex-
ercise Of any religion; it may lay down gen.
erai rules for the regulation of railroads, and
the State Governments may not interfere; it
may not legislate on the transfers of land,
which are to be regulated exclusively by the
States; it may fix the standard of weights
and measures; it alone can make war or
peace, and can conclude foreign treaties; it
shall regulate the postal and telegraph ser
vice; 1t may pass laws to "promote in the
country the development of literature, art
and science; it may create institutions of
high instruction in the States.
The powers OF the President are very like
those of our Chief Magistrate. He appoints
the Federal Judges, officers of the army and
navy and members OF the Cabinet. The
Cabinet officers shall not have seats in the
Congress; our example in this respect was
preferred by the Brazlians to that of Great
Britain, France and Germany.
The question Of States rights was dis
posed OF by provision stating rather vague
ly that " the States shall have the right to
exercise In general any and every power OF
right not denied expressly by the Constitu-
ton, or implicitly i'll its express terms
The bill of rights is liberal. 1t proclaims
the equality of all men before the law, and
declares that "no person shall be forced to
DO or leave undone anything except by viz.
tue of law; it declares that all religions
shall be tolerated, but that education shall
be secular, and that the State will only rec.
ogniZe marriages solemniZed by civil mag
istrate. The cemeteries are TO be under the
exclusive control of the civil authorities.
The death penalty is abolished. Speech and
assemblage are free. No rerson shall be
detained in prison without charge formally
made and communicated to him; in case he
Is charged with bailable offense the courts